QUESTION 1 (10 Marks) Choose the correct option. Write down the question number and the correct letter next to it. E.g. 1.6. a

1.1 Common law considers the following: a) Public policy. b) The moral position of the law. c) The values of the constitution. d) The values of the President. 1.2 Domicilium citandi executandi refers to a clause whereby: a) A term of a contract may not be changed without the written consent of both parties. b) The parties may agree that should a dispute arise regarding the contract, the matter will be referred to a specific court. c) The parties may agree on the addresses at which they will accept receipt of any legal documents. d) The parties may agree that should a dispute arise regarding the contract, the matter will be referred to arbitration as oppose to adjudication in court. 1.3 The running of prescription will be suspended when: a) Creditor is a major. b) Debtor is outside South Africa. c) Creditor is a natural person. d) Where the debtor cedes his obligations to a third party. 1.4 A contract for the benefit of a third party is referred to as: a) An Assessment. b) A Dissolution. c) A Cession. d) A Union. 1.5 The Magistrates court does not have jurisdiction to hear: a) Rape matters b) Interdicts. c) Interpretation of a person's will. d) Divorce matters.

QUESTION 2 (20 Marks)

Determine if the following statements are True or False. Write down the question number and the correct answer next to it. E.g. 2.11 True 2.1 South African Law may be referred to as a hybrid system of law. 2.2 The Judiciary is tasked with implementing the laws made by the Executive. 2.3 'Personal rights' which relate to the conduct, behaviour or performance by another legal entity, may only be enforced against that particular legal entity. 2.4 Legal liability may only arise in public relationships. 2.5 Where statute is silent on a particular legal issue, the principles of common law will apply by default. 2.6 'Incorporeal property' refers to things that can be seen or touched. 2.7 Contracting parties may agree to almost anything to the extent that such contractual terms are lawful, possible and are in line with values or interests (boni mores) of society. 2.8 The offer to contract may be withdrawn any time, even after it has been accepted by the offerree. 2.9 Immovable property is delivered by attornment. 2.10According to the Consumer Protection Act 68 of 2008 'negative marketing is prohibited

QUESTION 3 (10 Marks)

Please match the option on the right with the option on the left.

3.1 Specific Performance

a The aggrieved party may demand that the other party agree to cancel the

contract.

3.2 Caveat Subscriptor

b. Both contracting parties end up owing each other the same and/or equal

payment.

3.3 Immovable Property

c. Where a party to the contract refuses to perform in terms of the contract.

3.4. Repudiation

d. Let the signer beware.

3.5 Set-off

e. Consists of land or anything attached permanently to the land

f. The aggrieved party may demand that the other party performs in terms of the contractual obligations.

SECTION B [60 MARKS] QUESTION 4 (20 Marks)

Fully discuss FIVE (5) sources of South African law.

QUESTION 5 (20 Marks) 5.1 Provide explanatory notes as well as an example on the following: 5.1.1 Suspensive Conditions (5 marks) 5.1.2 Resolutive Conditions (5 marks) 5.2 Discuss the difference between Express and Tacit Terms (10 marks)

QUESTION 6 (20 Marks) 6.1 Discuss FIVE (5) characteristics of Real Rights (5 marks) 6.2 Discuss THREE (3) characteristics of Personal Rights (3 marks) 6.3. Mary is a farmer and has sold her prize winning Bull to Kim. Kim and has paid the full purchase price. However, before Mary delivers the bull, there is a thunderstorm and the bull has been struck down by lightning. Discuss the position of the parties, in your discussion, refer specifically to 'Supervening Impossibility' as a requirement for a valid contract. (4 marks) 6.4. Assume that the parties had contracted and the Bull was delivered safely to Kim. Three months later, Kim has her vet check the Bull, only to find that the bull cannot breed. The vet advises Kim that the bull has always been infertile. Advise Kim on her legal position, in doing so, specifically discuss what needs to be proved before the contract can be set aside. (8 marks)

QUESTION 7 (20 Marks) With regard to the law of sale; discuss 7.1 The definition of a sale contract. (3 marks) 7.2 Requirements for sale contracts (refer to relevant legislation) (7 marks) 7.3 The buyer's common law remedies for latent defects. (10 marks)