Exam (elaborations)

CLA1501 EXAM PACK 2024/2025

0 purchase

Course
Commercial Law IA (CLA1501)

Institution
University Of South Africa (Unisa)

CLA1501 EXAM PACK 2024/2025 QUESTIONS WITH COMPLETE ANSWERS, PREPARED FOR EXAM REVISION. CONTAINS QUESTIONS FROM RECENT PAST EXAM PAPERS WITH RESPECTIVE ANSWERS.

[Show more]

Preview 4 out of 40 pages

View example

Uploaded on October 15, 2024
Number of pages 40
Written in 2024/2025
Type Exam (elaborations)
Contains Questions & answers

cla1501 exam pack 2024

pablitoh11 Member since 1 year 1837 documents sold

,UNIVERSITY EXAMINATIONS

January / February 2024

CLA1501

Commercial Law

80 Marks
24 Hours

First examiner: Prof W Jacobs
Second examiner: Mrs Z Taljaard

This paper consists of 10 pages.

INSTRUCTIONS FOR A PORTFOLIO OR TAKE-HOME EXAM ON MYEXAMS

Instructions:

Please read the below very carefully to ensure you comply with all instructions.
Be reminded to tick the Honour Pledge (Honesty Declaration) before you submit. Read
the instructions on the platform and specific submission tool carefully.

We wish you the best for your examination!

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)

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller pablitoh11. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R60,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

69052 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 15 years now

Start selling

Exam (elaborations)

CLA1501 EXAM PACK 2024/2025

Document information

Subjects

Written for

Seller

Reviews received

Content preview