Exam (elaborations)
CLA1502 EXAM PACK 2023
- Institution
- University Of South Africa
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CLA1503 EXAMPACK 2023
UPDATED
REVISIONS PACK
, CONFIDENTIAL
Page 5 of 8
CLA1503
Jan/Feb 2022
QUESTION 1
Morongwa and Prince have been engaged for a year. They feel ready to get married and opt to
marry out of community of property with the accrual system. In their antenuptial contract, they
included a clause to the effect that Morongwa makes Prince her heir. However, Morongwa is
concerned that the contract might not be valid because it restrains her freedom to participate in
legal transaction. She approaches you for advice.
Advise Morongwa on the validity of the antenuptial contract. (4)
QUESTION 2
Gloria is a seventeen-year-old girl and has been married out of community of property to Dan
for a year. She applies for a personal loan with Q Bank to cover her grocery expenses during
Covid-19 lockdown. Dan is also on lockdown overseas as the world is battling with Covid-19.
Discuss whether Gloria has the capacity to act and whether her application for a personal loan
will be successful if Dan does not co-sign it. (6)
QUESTION 3
Sifiso is a wild-bird seeds dealer. He keeps the seeds in large barrels. When he receives an
order for seeds, he weighs the seeds and puts them into smaller bags. Maria buys two small
bags of seeds and pays for them immediately. They agree that Sifiso will deliver the seeds on
15 June 2020. On 10 June 2020 after the smaller bags have been filled and weighed, a storm
hits Sifiso’s area and neighbouring places, and the whole store is flooded, and all the contents
damaged including two small bags of seeds which Maria bought. As a result, Sifiso fails to deliver
the seeds as agreed but informs Maria of what transpired. Maria insists on the delivery of the
seeds because of the damage that she will suffer as a result of not receiving the seeds. In the
alternative, she demands that Sifiso refund her the money she has paid for the seeds.
Discuss whether Sifiso or Maria will carry the risk (the loss of the seeds). (6)
QUESTION 4
Priscilla booked a four-day vacation on a luxury cruise liner through POTO travel agency. She
booked the holiday six months in advance as these trips are extremely popular. Two days before
her departure, she is hospitalised after contracting Covid-19 and must cancel her boat trip.
POTO travel agency charges her a substantial cancellation fee. It is not easy to fill Priscilla’s
space as passengers need to be on an anti-malaria course for a week before the trip.
Discuss Priscilla’s rights as a consumer in terms of the Consumer Protection Act 68 of 2008. (5)
, CONFIDENTIAL
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CLA1503
Jan/Feb 2022
QUESTION 5
Gary is an event organiser. He orders two ice cream cakes from Delicious Bakers for an event.
They agree that the cakes will be delivered to Gary at his house at 09H00 on 15 October 2020.
On the arranged date and time, Gary decides to welcome a rugby team at the airport. When
Delicious Bakers arrive at Gary’s house as agreed, there is nobody to take delivery of the cake.
Discuss the form of breach of contract that occurred in the case study. (4)
QUESTION 6
Peter and Princess entered into an oral contract. Peter wanted a motorbike for his son and was
under the impression that they had entered into a contract of sale for a motorbike. Princess,
however, was under the impression that a contract of lease for the motorbike had been
concluded.
Advise Peter and Princess regarding the validity of the contract. (4)
QUESTION 7
Christine buys a cow from Adolf, ‘as is’, but he does not divulge that the cow suffers from
diarrhoea. Two days after she has received the cow at her farm, she notices that the cow suffers
from diarrhoea. She phones Adolf who tells her that he has been treating the cow for the
condition and brings her the rest of the medicine he has been giving the cow.
Advise Christine on possible remedies (if any) that are available to her against Adolf. (6)
QUESTION 8
Tebogo, a multimillionaire, and Gontse, a housewife, married in community of property on 1
December 2000. During the marriage, Gontse inherits a wine estate in Stellenbosch from her
father. In terms of the will, the wine estate shall not form part of the joint estate of Gontse and
Tebogo. As soon as the wine estate is registered in Gontse’s name; Tebogo initiates divorce
proceedings against Gontse in order to claim half of the wine estate.
Advise Gontse whether she can successfully prevent Tebogo from claiming half of the wine
estate even if they married in community of property. (5)
, CONFIDENTIAL
Page 7 of 8
CLA1503
Jan/Feb 2022
QUESTION 9
Moss borrowed R100 000 from Chris. Nomzamo is “surety and co-principal debtor”, and Sikhu
is surety for Moss’s debt to Chris. Moss’s estate is sequestrated.
Advise Chris of the circumstances under which he can claim the R100 000 from Nomzamo or
Sikhu in terms of the contract of suretyship. (6)
QUESTION 10
Sarel assists at a local SPCA on weekends. He is aware of the cash flow problems SPCA
experiences. He is awaiting a pay-out from the Road Accident Fund (RAF) in a couple of months.
He orally informs the SPCA that he will donate an amount of R10 000 to the SPCA as soon as
he receives his money from RAF.
Discuss whether a valid contract of donation was concluded or not. (4)
QUESTION 11
Brandon enters into a contract of sale of his house with Zandi. They agree that Zandi will
purchase the house for R 600 000 provided Zandi acquires a loan of R 590 000 from P Bank.
The agreement further provides that Zandi shall pay a deposit of R10 000 which shall be forfeited
if Zandi withdraws from the contract of sale.
Identify the terms of the contract of sale between Zandi and Brandon. Further, explain the
implications of these terms to Zandi and Brandon. (6)
QUESTION 12
Three friends Danie, Carl and Franz, enter into a partnership. They each contribute R20 000
towards the partnership business. There is nothing in writing, and in terms of their agreement,
they will buy horses, sell them at auctions and share the profits. One day Franz buys a boat in
order to sell it in the hope of increasing their profit. After hearing what Franz had done, Danie
decides he does not want to be part of the partnership. Nevertheless, Carl and Franz agree that
they will continue with the partnership.
Advise whether the partnership agreement is valid if it is not in writing. (2)
Discuss the binding effect of Franz’s conduct to the partnership. (3)
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