LPL 4801 PAST EXAM MULTIPLE CHOICE QUESTIONS (LPL4801)
Institution
Chamberlain College Of Nursing
1 Which one of the following statemetns is INCORRECT?
a) A thing which has not yet come into existence can be let
b) Commodus usus always includes the right to make a profit where the lessee runs a business from the leased premises
c) In certain circumstances the lessor may be liable for consequ...
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LPL 4801 PAST EXAM MULTIPLE CHOICE QUESTIONS (LPL4801)
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LPL 4801
PAST EXAM MULTIPLE CHOICE QUESTIONS
HP
,PAST EXAM MULTIPLE CHOICE QUESTIONS
NOVEMBER 2014
1 Which one of the following statemetns is INCORRECT?
a) A thing which has not yet come into existence can be let
b) Commodus usus always includes the right to make a profit where the lessee runs a
business from the leased premises
c) In certain circumstances the lessor may be liable for consequential damages resulting
from a defect in the thing let
d) Remission of rent may be viewed as a specific application of supervening impossibility of
performanc
e) The lessor must undertake to deliver a thing to the lessee for the temporary use
andenjoyment in return for the payment of the rent
(2) (b) pg 21 SG 1
2 According to which decision does a lessee of immovable property automatically retain a
right to occupation upon a change in ownership of the property?
a) De Jager v Sisana 1930 AD 71
b) Genac Properties JMB (Pty) Ltd v NBC Administrators CC 1992 (1) SA 566 (A)
c) Genna-Wae Properties (Pty) Ltd v Medio-Tronics (Natal) (Pty) Ltd 1995 (2) SA 926 (A)
d) Ndlovu v Ngcobo, Bekker and Anothre v Jika 20303 (1) SA 113 (SCA)
e) Goldberg v Buytendag Boerdery Beleggings (Edms) Bpk 1980 (4) SA 775 (A)
f) Weilbach v Grobler 1980 (3) SA 998 (O)
(Nov 2012 &Nov 2013 &May 2014)(2) (c ) Cases
3 According to the Placaat of 1658 a tenant of rural land who has made improvements without
the landord’s consent has
a) A right to compensation for useful improvements before expiration of the lease
b) A right to compensation for useful improvements after expiration of the lease before
vacating the property
c) A right to compensation for useful improvements after expiration of the lease after
vacating the property
d) A right to remove the improvements before expiration of the lease
e) A right to remove the improvements after expiration of the lease
(2) (c or d )
4 Supervening impossibility of performance finds concrete expression in the law of lease in the
guise of
a) The Placcat of 1658
, b) The lessor’s hypothec
c) Remission of rent
d) The huur gaat voor koop rule
e) None of the above
f) The duty to give vacuo possessio
(May 2011 &May 2014) (2) (c)
5 Goldberg v Buytendag Boerdery Beleggings (Edms) Bpk 1980 (4) SA 775 (A) applies the
general contractual principles applicable to
a) Repudiation
b) Mora debitoris
c) Mora creditoris
d) Positive malperformance
e) Specific performance
(Nov 2012) (2) (b) Cases
6 Tina and Maphela agree orally that Tina will lease her beaty salon to Maphela on condition
that Maphela will give Tina 2 spa days per month, as rent
Which one of the following statements is CORRECT?
A) No contract of lease will come into being, because the amount of the rent is not certain
or ascertainable
B) No contract of lease will come into being if it is agreed that maphela’s occupation of the
beauty salon is permanent
C) No contract of lease will come into being, because the rent must sound in money, that is
the lessee must compensate the lessor with money
D) No contract of lease will come into being, because the agreement relates to immovable
property and is not embodied in written documents
E) No contract of lease will come into being, because the parties did not specify where
payment must be made
(2)
7 Which ONE of the following agreements meets the requirements for a valid contract of
lease? Check each statement against the requirements for a valid lease
a) Harry may make use of Justin’s garage when Justin’s car is not in the garage
b) Harry may, if he wishes, demolish Justin’s garage and build a carport
c) In return for using Justin’s garage, Harry will walk Justin’s Alsatian dog every day
d) Harry may make use of Justin’s garage door to advertise his motor repair business in
exchange for R300 per month
e) Harry may make use of Justin’s garage to sell homebrewed alcohol
(2)
8 Mike wishes to let one of his petrol stations to his son, Guy. Which ONE of the following
terms may be included in the contract of lease without changing the nature or validity of the
contract of lease?
a) A term in which Guy agrees to pay his father twenty percent of the profit of his (Guy’s)
clothing store as rent
b) A term giving Guy the rent-free use of the petrol station
, c) A term giving Guy the permanent use and enjoyment of the petrol station
d) A term which allows Guy to conduct a gambling at the back of the petrol station
e) A term giving Guy use and enjoyment of the petrol station until Mike’s death
(2)
9 Shanon leases premises with a large hall from the Methodist Church from where she plans
to run a Boot Camp centre. A month after moving into the premises Shanon notices large
diagonal cracks appearing on the hall floor. Which one of the following statements is
CORRECT.
a) As the lessee Shanon is responsible for having the hall floors repaired, because there
was nothing wrong with the hall when she moved in
b) The Methodist Church will not be liable for any damages Shanon might suffer, because
they delivered the premises with the hall in a condition fit for the purpose for which it
was leased.
c) As the lessee Shanon has a right to the delivery and maintenance of the premises in a
condition which is reasonably fit for the purpose for which it was leased
d) Shanon will only be liable for paying rent when the premises are in a condition fit for the
purpose for which it was leased
e) Shanon should have made it clear that she wanted premises with a hall floor without
cracks at the time of conclusion of the contract.
(Nov 2011 &Nov 2012) (2)(c )
10 Which one of the following statements is CORRECT?
a) No formalities are required for the conclusion of a valid contract of lease unless
prescribed by statute
b) A long lease can be described as a lease which has been entered into for a period of not
less that five years
c) The Rental housing Act 50 of 1999 is aimed at the protection of lessors against
exploitation and victimisation by lessees
d) The Formalities in respect of Leases of Land Act 18 of 1969 provides that a long lease
must be registered
e) A lessee may be evicted whenever it suits the lessor.
(Nov 2012) (2) (a)
11 Which one of the following statements is CORRECT?
a) The undertaking to deliver a thing and the undertaking to pay a price are the two
essentialia of a contract of sale
b) If one of the essentialia of a sale is absent in a contract, the contract is always invalid
c) A valid contract of sale only comes into being once the contract of sale is perfecta
d) A valid contract only comes into existence once the purchase price has been paid and
the thing sold has been delivered
1. (a)
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