Exam (elaborations)
CLA1503 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
QUESTIONS WITH ANSWERS
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CLA1503EXAM
PACK 2023
QUESTIONS WITH
ANSWERS
EMAIL: Musyokah11@gmail.com
,CLA1503
EXAM
PACK 2023
, 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.
, 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.
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