Exam (elaborations)
Commercial Law 1A June Examination Paper 2023
- Course
- Commercial Law 1A (COL41A1)
- Institution
- University Of Johannesburg (UJ)
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FACULTY: LAWMODULE NAME: COMMERCIAL LAW 1A
MODULE CODE: COL41A1 / KMR1A11
ASSESSMENT: JUNE EXAMINATION
DATE: 01 JUNE 2023
DURATION: 2 HOURS (plus 10 minutes – reading time)
TOTAL MARKS: 80
EXAMINERS: DR S HUNEBERG; MR J LENONG; DR Y MEYER; MR S
REDDY; DR S TENNANT
MODERATOR: PROF M BOTHA
NUMBER OF PAGES: FIVE (5) 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
1.1 Under which conditions would the Electronic Communications and Transactions
Act (ECTA) 25 of 2002, apply to ‘click-wrapped’ agreements? (4)
1.2 What requirements are necessary for the rectification of a contract due to an error?
(2)
1.3 Cayle owes a contractual duty to Thami to pay her R500.00 every month for a
year. Tshepiso who is Cayle’s boss agrees to takeover the contractual duty through
a delegation agreement. Identify and name the different parties to this delegation
agreement. (6)
1.4 Jamie signs a written contract between himself and Scamproof (Pty) Ltd, only to
find out that he misunderstood a term in the contract. His friend informs him that
the caveat subscriptor – rule applies to their agreement. What are the
consequences of this rule? (2)
1.5 Define the concept a ‘term’ in a contract, according to South African law. (4)
1.6 In terms of a contractual breach, what is the test to limit a defendant’s liability for
damages that generally and naturally flows from that breach? (3)
1.7 What are the requirements for the conclusion of a valid contract of agency? (5)
1.8 Define the legal concept of estoppel. (4)
Subtotal [30]
QUESTION TWO
2.1 Kevin owes Lee R2000 and Lee owes Kevin R500. They agree that Kevin will
pay Lee R1500 subtracting the R500 that Lee owes him. Name and explain the
2
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