First examiner: Prof W Jacobs
Second examiner: Mrs Z Taljaard
This paper consists of 10 pages.
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PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
,QUESTION 1
1.1 South African law has six sources of law. Identify these sources and categorise
each source as ‘authoritative’ or ‘persuasive’. (8)
1.2 Explain the difference between a legal duty and a legal obligation. (2)
[Total: 10 marks]
QUESTION 2
2.1 Jack informs his friend Rose that he wants to sell one of his old cellphones, an
Apple iPhone 6, for R5,000. Rose indicates that she would like to buy it and they
agree on the price of R5,000. They further agree to meet at a particular mall on
1 March 2022 at 13:00 to exchange the money and phone. Halfway through
February Rose realises that she will not have enough money to pay for the
cellphone, and she finds a better phone at a better price. She approaches you
for advice and hopes to cancel the arrangement since, according to her, there
was no consensus reached. Indicate, with specific reference to the
requirements of consensus of a contract, whether the parties concluded a “valid”
or “invalid” contract AND provide a reason for your answer. (8)
2.2 Gi-Hun is the father of three minor children. He and his ex-wife, Sae-Byeok, were
the owners of a very successful business, a Chinese take-out restaurant, called
Squid Gains. Due to the COVID-19 pandemic, Squid Gains suffered
tremendous financial losses, and became insolvent. It severely impacted
GiHun’s mental health. He started drinking and smoking marijuana and
becomes severely intoxicated almost each day, to such a degree that he started
squandering the little money he had left. Sae-Byeok approaches you for advice.
, She is concerned that Gi-Hun recklessly squanders his money and that he will
not be able to pay the monthly maintenance of their three young children.
By referring to capacity to perform juristic acts, explain to Sae-Byeok whether
she will be able to approach the court for intervention. Also provide a reason for
your answer. (7)
2.3 With reference to the consequences of illegality, discuss those circumstances when
a contract could be considered unlawful or illegal in terms of the common law
and in terms of statute respectively. (5)
[Total: 20 marks]
QUESTION 3
3.1 Explain whether the following contracts and/or documents are “valid” or “invalid”
regarding the formalities required by law for them. Motivate your answer and
refer to legislation, where applicable:
(a) Moira undertakes verbally to stand surety for the purchase of her husband’s
car. (4)
(b) Cara and Janus enter into a written antenuptial contract before their
marriage, but the notary fails to register the contract at a Deed’s office.
(3)
(c) Ronald passes away and his wife discovers that he e-mailed his last will
to her moments before he passed away. (3)
3.2 Explain the terms essentialia, naturalia and incidentalia and provide an example of
each. (6)
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