Mr Barry instructed his attorney to draft a new will on his behalf, but died before he could sign it. Mr Barry’s new wife approaches the
executor for advice to enforce the new will. However, Mr Barry’s ex-wife disputes the validity of the new will since it is unsigned.
Choose the CORRECT statement below:
a. Section 2(3) of the Law of Succession Amendment Act 43 of 1992 provides for condonation for non-compliance with the
statutory requirement for signature in that the unsigned ‘will’ can be declared valid by a court.
b. Rectification generally permits rectification where there is non-compliance with a formal statutory requirement like signature.
c. Section 2(1) of the Wills Act 7 of 1953 provides that a written document can be a will, even though the testator has not signed it.
Time left 1:57:30
d. Section 2(3) of the Law of Succession Amendment Act 43 of 1992 provides for rectification of the will.
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Question 2
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Why is the cancellation of a contract seen as an abnormal remedy for breach of contract?
Choose the CORRECT answer.
a. Since the cancellation of a contract is a long-drawn-out process.
b. Since there are many other, more appropriate remedies.
c. Since the consequence is that the parties do not accomplish fulfilment of the contract as originally agreed upon.
d. It is not a general principle of our law that persons should be bound by their contracts.
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_____________ refer(s) to the legal relationship that develops between contracting parties when they obtain personal rights against one
another.
a. Ownership
b. Servitudes
c. Obligations
d. Delict
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Question 4
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Cynthia owes Bonolo R70 000 for several expensive and exclusive nail products she bought. After many attempts by Bonolo to get her
money from Cynthia, Cynthia informs Bonolo that she is unable to settle her debts. What can Bonolo do now?
Choose the CORRECT option.
a. Bonolo may apply to a Magistrate’s Court for the sequestration of Cynthia’s estate.
b. Bonolo may apply to a High Court for the sequestration of Cynthia’s estate.
c. Bonolo may apply to a Magistrate’s Court for the liquidation of Cynthia’s estate.
d. Bonolo may apply to a High Court for the liquidation of Cynthia’s estate.
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