Question: QUESTION 1 (20 Marks) Provide explanatory notes on the following: 1.1 Characteristics of Real Rights (6 marks) 1.2 Characteristics of Personal Rights (4 marks) 1.3

QUESTION 1 (20 Marks) Provide explanatory notes on the following: 1.1 Characteristics of Real Rights (6 marks) 1.2 Characteristics of Personal Rights (4 marks) 1.3 FIVE (5) Sources of South African Law (10 marks) QUESTION 2 (20 Marks) Keenan wishes to sell his laptop to Kat. Both parties agree on the model of the laptop and on the price. Kat inspects the laptop, pays the purchase price and takes delivery of it. Keeenan had assured her the laptop is in perfect working condition. 2.1 List the essential elements of a contract of sale. (4 marks) 2.2 Assume that Kat takes the laptop home and her husband discovers that there has been water damage in the hard drive of the laptop. 2.2.1 Discuss the Seller's Warranty against latent defects. (8 marks) 2.2.2. Discuss the remedies available to Katy. (8 marks) QUESTION 3 (20 Marks) 'Consensus is one of the requirements of a valid contract. A contract is concluded when parties reach agreement or there is a "meeting of the minds" on the essential terms of the contract. Parties are required to declare their intention in a clear and explicit manner. The manner in which the parties declare such intention may vary and may be written, verbal or both.' In light of the above statement discuss the manner in which "Mistakes' and 'Misrepresentation' may undermine the requirement of consensus. QUESTION 4 (20 Marks) 4.1 Discuss nature of insurance contracts in South Africa. (4 marks) 4.2 Identify and discuss the TWO (2) types of insurance that is generally available to the insured. (6 marks) 4.3 Discuss the insured's 'Duty of Disclosure' to the insurer. (6 marks) 4.4 Explain the difference between promissory and affirmative warranties. (4 marks)

VV 2 QUESTION 5 (20 Marks) Raja has offered to purchase Bradley's house for R1 million. Bradley has accepted the offer and agrees to sell the house to Raja on condition that he obtains the relevant home loan. 5.1. Fully discuss the concept of "Suspensive Conditions" as well as "Resolutive Conditions". (10 marks) 5.2 Assume that Raja has obtained the loan and a contract of sale has been concluded between the parties. Discuss the TWO (2) implied warranties in a contract of sale. (10 marks) QUESTION 6 (20 Marks) With regard to Labor law, discuss: 6.1 FIVE (5) ways in which the employment contract may be terminated. (10 marks) 6.2 The employer's liability for delicts committed by the employee. (10 marks)

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