Exam (elaborations)
Commercial Law 1A Semester Test 2 WITH MEMO 2024
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FACULTY: LAWMODULE NAME: COMMERCIAL LAW 1A
MODULE CODE: COL41A1
ASSESSMENT: SEMESTER TEST 2 – Guiding Memo
DATE: 6 MAY 2024
DURATION: 60 MINUTES
TOTAL MARKS: 45
EXAMINERS: DR S HUNEBERG
MRS C HENDERSON
MR J LENONG
MR S REDDY
MODERATOR: PROF EA FREDERICKS
NUMBER OF PAGES: FOUR (4) PAGES
INSTRUCTIONS TO CANDIDATES
1. Answer all the questions in your script.
2. Write clearly / legibly.
3. Number your answers carefully.
4. Leave a line open between each answer (for example, between questions
1.1 and 1.2).
5. Ensure the correct use of grammar and spelling.
1
, QUESTION ONE
The following consists of multiple-choice questions. Choose the MOST appropriate
answer by writing the letter in your answer book (for example 1.1 a, b, c or d).
1.1 Who is considered to be a “prodigal”? (1)
a) The High Court may declare someone to be a prodigal where that person has
the propensity to squander his or her own money in an irresponsible or
extravagant manner and incapable of managing his/her own affairs.
b) The Magistrate’s Court may declare someone to be a prodigal where that
person has the propensity to squander his or her own money in an irresponsible
or extravagant manner and incapable of managing his/her own affairs.
c) Someone who has been intoxicated by drugs or alcohol.
d) The presiding officer of the Constitutional Court.
1.2 What is the name of the person appointed to manage the affairs of someone
who has been declared mentally deficient by the High Court? (1)
a) A trustee.
b) A curator.
c) Master of the High Court.
d) Mr Jentley Lenong.
1.3 Explain the possibility of performance of a contract where a party, through
his/her own fault causes the performance to become impossible. (1)
a) Objective impossibility of performance and the parties are relieved from their
obligations.
b) Initial impossibility. The contract is void from the beginning.
c) It is a prevention of performance and a breach of contract.
d) None of the above.
1.4 If a performance is ‘divisible’, it means that: (1)
a) You can render the same performance repeatedly.
b) Performance can be done in one unit only.
c) A calculator is required to determine how performance must be done.
d) It is physically possible to render the performance in separate units.
1.5 Which contract/s require formalities by law? (1)
a) Suretyship contract.
b) Contracts for the alienation of land.
2
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