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LML4807 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 9 September 2024
LML4807 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 9 September 2024
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, LML4807 Assignment 1 (COMPLETE ANSWERS)Semester 2 2024 - DUE 9 September 2024 ;
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and explanations.
.Briefly discuss the following prescribed case: Durr v ABSA Bank
and Another 1997 (3) SA 448 (SCA) The allocation of marks for
the discussion is as follows: 1. Facts of the case (3) 2. The legal
issues before the court (1) 3. The decision of the court (meaning
the reasons for the decision of the court) (5) 4. Critical
comment (your own opinion on whether the court correctly
interpreted the law, or whether there is room for the law to be
amended to some extent) (1)
1. Facts of the case (3 marks):
o The case involved Mr. Durr, who was the managing
director of a company and a guarantor for the
company's debts to ABSA Bank.
o When the company defaulted on its loans, ABSA Bank
pursued Mr. Durr for payment under his guarantee.
o Mr. Durr argued that the bank had released him from
his obligations under the guarantee due to changes in
the loan agreements between the bank and the
company.
2. The legal issues before the court (1 mark):
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