QUESTION $1$

Decide whether the following statements are true or false and write either true of false in respect of each statement next to the respective question number. No motivation required.

$1\mathrm{.}1$ Labour legislation is applicable to locatio conductio operis. $(2)$

$1\mathrm{.}2$ A $17-$year$-$old girl is not allowed to do night work. $(2)$

$1\mathrm{.}3$ The Labour Act $11$ of $2007$ lays down minimum wages payable to all employees in Namibia. $(2)$

$1\mathrm{.}4$ In order to qualify for maternity leave, a female employee must at least have completed $12($twelve$)$ months of continuous service in the employment of an employer. $(2)$

$1\mathrm{.}5$ In the absence of an express agreement regulating the relationship between the members, a member of a close corporation is an agent of the corporation. $(2)$

$[10$ marks$]$

QUESTION $2$

In each of the below instances, indicate whether a valid contract of purchase and sale has come into existence. Motivate your answer.

NOTE: No marks will be awarded for yes$/$no without a proper motivation.

$2\mathrm{.}1$ After a heavy night of partying and drinking, while still under the influence of alcohol, Cecilia sells her red Jeep car to Jack for N$$200.$

$2\mathrm{.}2$ John and Paul agree that John will buy Paul$$s City Golf for whatever John is prepared to pay for it$.$

$2\mathrm{.}3$ Lizel owns land where she grows flowers and agrees to sell the whole crop of flowers. She agrees to sell the whole crop of flowers she hopes to produce at the end of the season to a flower shop by the name of Flowered Earth for N$ $20000.$ Unfortunately, Lizel did not have a harvest since her flower crops were damaged by the floods.

$2\mathrm{.}4$ Daniel and Jack agree in a WhatsApp message that Daniel will buy Jack$$s apartment for N$$1$ million.

$2\mathrm{.}5$ Best Buy CC $($Best Buy$)$ sells a second$-$hand refrigerator to Toby on credit in terms of the Credit Agreements Act $75$ of $1980.$ Best Buy lends Toby the money to pay for the initial payment.

$[$Two marks each $=10$ Marks$]$

QUESTION $3$

Briefly answer the following questions:

$3\mathrm{.}1$ How is delivery of immovable property affected to a purchaser? $[2]$

$3\mathrm{.}3$ Is an oral credit agreement in terms of the Credit Agreements Act $75$ of $1980$ invalid? $[2]$

$3\mathrm{.}3$ Complete the following sentence by writing down the missing words:

The remedy actio quanti minoris $($claim for price reduction$)$ is available to the purchaser where the defect is $\_\_\_\_\_\_\_\_\_.[1]$

$[5$ Marks$]$

QUESTION $4$

Benjamin decided to buy an iPhone $11$ from Daniel for N$ $7500.$ A week after he purchased it$,$ he noticed that the speaker was faulty. He would have difficulty hearing someone talk to him over the iPhone. Feeling disgruntled, he approaches Daniel for the full refund of his money.

$4\mathrm{.}1$ Does Benjamin have any claim against Daniel? Explain. $[6]$

$4\mathrm{.}2$ Suppose the iPhone was sold voetstoots, would your answer be different in $4\mathrm{.}1?[4]$

$[10$ Marks$]$

QUESTION $5$

Maria buys a bed from House & Home subject to the Credit Agreements Act. In terms of the agreement, Maria would have to pay monthly installments for the next $12$ months. After having paid instalments for $6$ months, Maria loses her job and finds it difficult to keep up with the instalments.

Can House & Home decide to cancel the contract immediately? Discuss in detail.

$[5$ Marks$]$

QUESTION $6$

Answer the following short questions.

$6\mathrm{.}1$ Termination by an employer $($with or without giving the required period of notice$)$ is known as $$Dismissal$$ and Section $33$ of the Labour Act $11$ of $2022$ provides certain requirements that need to be met in order for it to qualify as fair dismissal. Name these requirements. $(2)$

$6\mathrm{.}2$ Mention the essentialia of a contract of employment. $(2)$

$6\mathrm{.}3$ List the obligations of a Principal in a contract of agency. $(3)$

$6\mathrm{.}4$ A contract of lease is distinguished by certain essentialia. Provide these essentialia. $(3)$