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CLA 1501 Assignment 1 (Passed with distinction!)
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SIPHO KHAILE55639224
CLA1501 ASSIGNMENT 1
817899
Question 1:
Stare decisis essentially means that the decision of the court is binding and it stands between the parties
in dispute. A superior court can overrule or pass a different judgment from a lower court within the
same jurisdiction.
QUESTION 2:
According to the principle of fault, the person in the wrong must be found to have acted intentionally or
negligently. In this case, the ten parents that brought their children are at fault and are the reason Mr.
Zondo was charged additional costs.
Mr. Zondo expressly stated on his birthday party invites that guests should not bring their children. By
accepting the invitation, the guests automatically accepted the terms of that particular invitation. By not
abiding by the terms of that invitation, the guests that brought their children are at fault and Mr. Zondo
should be able to claim the additional costs he incurred from them.
QUESTION 3:
a) No, consensus was not reached. Mpho was misled.
b) Yes, consensus can be reached. If Dimitri offered to purchase Donatello’s car and Donatello
accepted the offer, them both parties are in agreement.
QUESTION 4:
False. A minor under the age of seven has no capacity to act.
QUESTION 5:
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