QUESTIONS AND
ANSWERS
FOR ASSISTANCE CONTACT
EMAIL:gabrielmusyoka940@gmail.com
, lOMoARcPSD|31863004
UNIVERSITY EXAMINATIONS
May/June 2022
CLA2602
COMMERCIAL LAW 2B
Marks:100
Duration: 4 Hours
First examiner: ADV. MP MAKAKABA
Second examiner: ADV. MD TUBA
This paper consists of 8 pages.
Instructions:
Please find attached hereto Invigilator App instruction- student User Guide and CLA2602 QR Code
The Invigilator App - QR Code and Student
Student User Guide - Instruction document-
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. It consists of 5 SECTIONS. Answer ALL of the questions in these sections.
. SECTION A consists of questions on (PART A) BANKING REGULATIONS AND
(PART B) CONSUMER CREDIT
. SECTION B consists of questions on OTHER METHODS OF PAYMENT
. SECTION C consists of questions on THE LAW OF TRUSTS
. SECTION D consists of questions on THE LAW OF INSOLVENCY
. SECTION E consists of questions on THE LAW OF ADMINISTRATION OF ESTATES
3. The duration of the examination is 4 hours. Your answers must be submitted via the myExams
platform on 28 May 2022 on or before 12h00 (South African Standard Time).
4. This is an open-book examination. You may consult your prescribed study material during the
examination. While the examination is in progress, you are not allowed to consult another person
to assist you to answer any of the questions contained in this question paper. You may also not
assist another student in answering any of the questions contained in this question paper.
Open Rubric
, lOMoARcPSD|31863004
CONFIDENTIAL CLA2602
MAY/JUN 2022
5. This examination is proctored via the Invigilator App.
6. Your exam file must be uploaded on the myExams platform on Moodle.
6.1 You are advised to preview your submission (answer script) to ensure legibility and that the
correct answer script file has been uploaded.
6.2 Once the official examination time per the examination timetable has expired, you are provided
one hour to submit your answer script. Submissions made after the submission period has lapsed
will be rejected per the examination regulations and will not be marked.
7. The cover page for your take-home exam must include your name, student number and the
module code.
8. It is preferred that your take-home exam is typed. However, handwritten submissions will also be
accepted. If the take-home exam is typed, the maximum length is 15 pages (which includes the
cover page and the bibliography). If the take-home exam is handwritten, the maximum length is
20 pages (which includes the cover page and the bibliography).
9. Whether your answers are typed or handwritten, your submission on the myExams platform on
Moodle must be made in the form of one PDF document. Only the last file uploaded and
submitted will be marked.
9.1 The exam answer file that you submit must not be password protected or uploaded as a “read
only” file.
9.2 Your examination answer file will not be marked if:
9.2.1 you send your examination answer file via email.
9.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
9.2.3 you submit your exam answer file on an unofficial examination platform (including the invigilator
cellphone application).
9.2.4 you submit your examination answer file in the incorrect file format.
9.2.5 you submit a password-protected document.
9.2.6 you submit your examination answer file late
9.2.7 you submit your answer file from a registered student account that is not your own.
9.3 Incorrect answer scripts and/or submissions made on unofficial examinations platforms (including
the invigilator cellphone application) will not be marked and no opportunity will be granted for
resubmission.
9.4 The mark awarded for an illegible examination answer file submission will be your final mark.
You will not be allowed to resubmit after the scheduled closing date and time of the exam.
10. Do not use abbreviations or SMS language.
11. When answering the take-home exam questions, remember that an open-book exam is a test at
a higher level than the usual type of exam, where memory is tested as much as insight. In an
open-book exam, you need not memorise any information. You are expected to prove that you
can use information, rather than merely repeat it. In brief, what is being tested is factual knowledge,
understanding and the correct application thereof, not memory skills. For this reason, you do not
earn marks by merely detailing a list of all the information that you think might be relevant to a
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CONFIDENTIAL CLA2602
MAY/JUN 2022
particular question. This gives no indication that you know what statutory or other provisions are
applicable in a specific context. You are expected to identify precisely what information applies,
and then explain why you think so.
11.1 PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE (OR ANY OTHER
SOURCE).
12 The arguments that you make must be logical, well-structured and substantiated by all of the
relevant legal principles. You are given 4 hours (not 2 hours) to complete the take-home exam.
Use the time given wisely.
12.1 A number of students lose marks because they do not approach problem-type questions correctly.
When answering such questions, it is important to first clarify for yourself the area of work where
the answer must be sought. Once you have done this, set out the relevant legal principles. Deal
only with those principles that relate to the given facts. Next, apply these principles to the facts.
This is where most of the students lose marks - they set out the law in some detail, but then do
not illustrate how it applies to the factual situation they have been asked to solve. Finally, state
your conclusion.
13. You must complete the online declaration of own work when submitting.
13.1 By ticking the Honesty Declaration, you confirm that you have read (i) the University’s Policy on
Copyright Infringement and Plagiarism and the Student Disciplinary Code, which are both
available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student
values and plagiarism that is found at https://www.unisa.ac.za/sites/myunisa/default/Study-@-
Unisa/Student-values-and-rules.
13.2 Students suspected of dishonest conduct during the examinations will be subjected to disciplinary
processes. Students may not communicate with other students, or request assistance from other
students during examinations. Plagiarism is a violation of academic integrity, and students who do
plagiarise or copy verbatim from published work will be in violation of the Policy on Academic
Integrity and the Student Disciplinary Code and may be referred to disciplinary hearing. Unisa has
a zero tolerance for plagiarism and/or any other forms of academic dishonesty.
13.3 Unless a student is exempted because of disability or incarceration, students who have not utilised
invigilation or proctoring tools will be deemed to have transgressed Unisa’s examination rules and
will have their marks withheld.
PLEASE NOTE:
If you experience technical problems of any kind on the day(s) of the examination (including network or
loadshedding challenges) and your examination answers are not submitted by the cut-off time, please
apply online for an aegrotat exam within 3 days of the examination session. Include supporting
documentation with your application. Supplementary or aegrotat students will not be able to apply for
aegrotat exams and will have to re-register for the module.
Students experiencing technical challenges may contact the SCSC on 080 000 1870 or email
Examenquiries@unisa.ac.za or refer to Get-Help for the list of additional contact numbers.
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