Exam (elaborations)
Commercial law IC (CLA1503 EXAM PACK 2023)
- Course
- Institution
Commercial law IC (CLA1503) QUESTIONS AND ANSWERS
[Show more]
1 review
By: tauzanefm • 6 days ago
Seller
Follow
gabrielmusyoka940
Reviews received
Content preview
CLA1503 EXAM PACK2023
QUESTIONS AND
ANSWERS
,CLA1503 EXAM PACK
2023
QUESTIONS AND
ANSWERS
For queries contact
Email:gabrielmusyoka940@gmail.com
, lOMoARcPSD|24668432
CLA1503 TEST BANK
QUESTION 1
Which ONE of the following legal systems is the basis of the South African legal
system?
1. Dutch law
2. Roman law
3. English law
4. Roman-Dutch law 4 is CORRECT.
Explanation
The works of the Roman-Dutch jurists, the statutes of Holland and the collections of
old Dutch opinions and court decisions, form the basis of the South legal system.
QUESTION 2
Constitutional supremacy means that...
1. there may be no interference with judicial independence when a court applies
the Constitution.
2. the Constitution is the highest law of the country and any law which is contrary
to its provisions may be declared invalid. 2 is CORRECT.
3. Parliament is the highest legislative body and is entitled to make legislation
without any interference.
4. no right given by the Constitution may be limited.
Explanation
Constitutional supremacy means that the Constitution is the highest law of the
country. Any law which is contrary to its provisions may be declared invalid.
QUESTION 3
In which ONE of the following situations was a VALID contract concluded?
1. Sally engages a professional seafood caterer to provide seafood for her
birthday party, to which twenty guests have been invited. All the guests
confirm that they will attend Sally’s birthday party. The day before the party,
ten of the guests inform Sally that they will not attend the party because they
prefer to attend a street party on the same time and date in Sandton.
2. Nicolas enters into a agreement with himself and undertakes that he will save
R500 each month by paying R500 into his savings account on the first day of
each month.
Downloaded by Jack martinez (pmachuki7686@gmail.com)
, lOMoARcPSD|24668432
3. Peter purchases a new pair of running shoes for R600 on the official website
of Nike. The shoes will be delivered at his flat in Pretoria. The shoes will be
delivered at his flat in Pretoria. 3 is CORRECT.
4. Reeze undertakes to sell the moon and one star to Shana for R500.
Explanation
All five requirements for a valid contract have been satisfied. Online contracting is
possible in terms of the Electronic Communications and Transactions Act 25 of 2002
which regulates electronic contracts.
QUESTION 4
Mandla is a general dealer. He needs to appoint a sales person and to replace his
delivery van with a bigger vehicle. If Mandla finds a buyer for the van and a suitable
sales person he will conclude two contracts: a contract of sale in respect of the old
vehicle and a contract of employment with the suitable applicant.
Which ONE of the following persons does NOT have the full capacity to conclude
both of the contracts with Mandla?
1. Gloria, seventeen years old, who has been married to Dan for the last two
years. They are married out of community of property.
2. Steven, whose estate was sequestrated after he lost a fortune in a shady
business deal. Steven has not been rehabilitated yet. 2 is CORRECT.
3. Arthur, who is married in community of property to Stella.
4. Themba, sixteen years old, whose parents left him behind when they
immigrated to America because he had his own job and flat.
Explanation
Steven, as an unrehabilitated insolvent may not take up employment with a general
dealer without the consent of his curator. Mandla is a general dealer. Steven will
need the consent of his curator to enter into the contract of sale because the
purchase of the van may have a negative effect on the insolvent estate. Steven can
therefore not conclude either of the contracts independently.
QUESTION 5
Moses undertakes to buy Xolile a new truck one month after Simon’s death has
occurred. Simon is currently very healthy.
Which ONE of the following statements is CORRECT?
1. The moment for performance cannot be determined since it is uncertain when
Simon will die.
Downloaded by Jack martinez (pmachuki7686@gmail.com)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller gabrielmusyoka940. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.50. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
81113 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now