question

Choose the correct answer and write down the correct letter only

$1\mathrm{.}8$ Where a minor, after obtaining majority, continues to use an article, which he purported to purchase during his minority, as his own, or indicates otherwise by his actions an intention to be bound, this is known:

A Ramification

B Rectification

C Ratification

D Estoppel

E None of the above.

$1\mathrm{.}9$ A woman married in community of property:

A Is subject to the marital power of her husband who has exclusive rights to administer the joint estate as the head of the family.

B Requires the consent of her husband to conclude all contracts.

C Shall have the same rights as her husband to dispose of the assets of the

joint estate, to contract debts for which the joint estate is liable and to administer the joint estate.

D May conclude any contract without the assistance of her husband

E Has full contractual capacity.

$1\mathrm{.}10$ The following statement is true:

A A pupil$/$us is unable to conclude a contract on his$/$her own.

B Spouses married in community of property have full contractual capacity for all contract

C All persons who squander their money are prodigals and accordingly have limited contractual capacity.

D A contract in restraint of trade is valid and enforceable even if it is contrary to public interest.

E If performance of an obligation is objectively impossible at the time of the conclusion of the contract, the contract is void.

$1\mathrm{.}11$ The par delictum rule applies when:

A There is a dispute about a written agreement.

B One of the contracting parties is guilty of misrepresentation.

C One of the naturalia of a contract of purchase and sale in terms of which the seller will pay a penalty should he fail to deliver on time.

D The performance in terms of the contract is unlawful; this rule would prevent them from instituting a claim based on unjust enrichment.

E A pupil$/$us presented himself as a major when entering into a contract without the assistance of his guardian.

$1\mathrm{.}12$ Jonas entered into a contract with Kefas for the unlicensed purchase of $100$ AK $47$ riffles at a purchase price of N$ $20000\mathrm{.}00,$ without the necessary firearm licenses as required by law. This contract is:

A Valid because it complies with all the requirement of a valid contract of purchase and sale.

B Voidable since Jonas was under duress at the time when he entered into the contract of purchase and sale.

C Void because the performance of the obligation is illegal.

D Void as the formalities in respect of the contract was not complied with.

E None of the above.

$1\mathrm{.}13$ The following contract is valid:

A X enters into a contract with Y whereby he leases his house to Y$.$ Neither one of the parties knows that the house has burnt down the previous day.

B Druggy agrees to buy N$ S$000\text{'}$s worth of cannabis $("$dagga$")$ from Dealer.

C X and Y agree telephonically that X will buy Y$\text{'}$s farm for N$ $20000.$

D Jerry sells his brother's $($Tommy$)$ bicycle to Mike. Jerry is unable to deliver the bicycle as Tommy refuses to sell the said bicycle to Mike.

E Bertha concludes an agreement with her father in terms of which she undertakes to remain in a state of celibacy for the rest of her life.

$1\mathrm{.}14$ A contract will only be valid if:

A The parties have reached agreement and have the necessary capacity to act.

B Performance is possible at the time the contract is entered into.

C The conclusion, object and performance of the contract are lawful.

D Formalities $($where required$)$ have been complied with.

E All of the above.

$1\mathrm{.}15$ Joseph's father undertakes to purchase him a BMW if he passes his first year at the Polytechnic of Namibia. This contract is subject to a:

A Suspensive time clause

B Resolutive time clause

C Resolutive condition

D Suspensive condition

E Penalty clause