Answers
CLA1501 Assignment 02 Semester 02 2020 Questions with Suggested Solutions
- Institution
- University Of South Africa (Unisa)
CLA1501 Assignment 02 Semester 02 2020 Questions with Suggested Solutions and page references.
[Show more]
1 review
By: mpumelelom • 3 year ago
Content preview
Commercial Law 1ACLA1501
Department of Mercantile Law
Assignment 02 for Semester 02 (compulsory)
Unique Number 530786
Due date: 21 September 2020
Prescribed book(s)
The prescribed textbook for CLA1501 is General Principles of Commercial Law 9th ed
(2020) Juta co-authored by Schulze H (General Editor), Hurter E, Manamela E, Manamela T,
Masuku B, Stoop C and Stoop P.
QUESTION 1
After 12 years in a business partnership, which sells tyres, Timothy wants to terminate
Timothy and Polly’s business partnership. Since Timothy’s business partner, Polly, will be
entitled to half the assets of the partnership at the time of the termination, he concludes a
contract with a professional killer, Mr Assassin, in terms of which he will pay Mr Assassin the
amount of R10 000 to kill Polly. The next day Polly dies of natural causes.
Which ONE of the following statements is CORRECT?
1. Mr Assassin is not entitled to payment in terms of the contract because performance
has become impossible.
2. Mr Assassin is not entitled to payment because the agreement between him and
Timothy is contrary to public policy.
3. Mr Assassin is entitled to payment in terms of the contract because performance has
become impossible.
4. Mr Assassin is not entitled to payment because it is an implied term of the contract that
5. Polly must be killed by Mr Assassin, not die of natural causes. (2)
Answer:
An agreement to commit a crime is contrary to public policy and therefore legally
unenforceable. Mr Assassin will therefore not be entitled to payment because the
agreement between him and Tim is contrary to public policy.
Refer to page 83 of the prescribed textbook:
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 aj107. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now