Question

Choose the correct answer and wrute down the correcr letter only

$1\mathrm{.}10$ With regards to mistake and representation:

A Misrepresentation renders a contract voidable whereas a material, reasonable mistake renders a contract void.

B Misrepresentation renders a contract void whereas a material, reasonable mistake renders a contract voidable.

C Both misrepresentation and a material, reasonable mistake render a contract voidable.

D Both misrepresentation and a material, reasonable mistake render a contract void.

E None of the above options.

$1\mathrm{.}11$ A woman married out of community of property:

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

B Requires the consent of her spouse to conclude certain contracts.

C Has full contractual capacity and may conclude any contract without the consent of her husband.

D Is solely responsible for all debts in respect of the household necessaries.

E Must obtain oral consent from her husband for the alienation of her immovable property.

$1\mathrm{.}12$ If a pupil$/$us has concluded a contract without parental assistance, but his father later condones the contract, this is known as:

A Rectification

B Renunciation

C Ratification

D Emancipation

E Estoppel

$1\mathrm{.}13$ If a written contract has as one of its conditions that any subsequent variation of its terms is to be in writing and that an oral variation will be of no force and effect, then:

A Such a provision would be invalid as non$-$variation clauses are not a feature of our legal system.

B Such a provision is valid and any purported oral variation will be void.

C preference over the verbal agreement.

D None of the above.

E Both Band C

$1\mathrm{.}14$ Choose the statement that describes the parol evidence rule:

A Where parties entered into an unlawful agreement, the contract is void and neither party can institute a claim on the basis of unjust enrichment.

B The rule that provides that certain agreements $\_$would only be valid once reduced to writing and signed by the respective parties.

C When a dispute arises about an agreement that has been reduced to writing in a document, the parol evidence rule prevents both parties to bring evidence from outside the document and the document as such would serve as the final version of the transaction between the parties.

D This rule allows the parties to change their contract, provided that there is enough evidence and both agree.

E Evidence required in order to prove the existence of an oral contract.

$1\mathrm{.}15$ The following agreement is subject to a condition:

A Sam undertakes to give his old shoes to Martin as soon as the sun rises again.

B Roy promises that his eldest son could inherit his farm upon his wife's death.

C Harry can borrow Tom's umbrella as soon as it rains again in Windhoek.

D Peter undertakes to give his wife a brand new BMW if she looses a minimum of $10$ kg in weight within the next six months.

E Sally undertakes to rent Joan's business until Joan's death. $(2)$

$1\mathrm{.}16$ A penalty stipulation in a contract can be defined as follows:

A An express stipulation in a contract in terms whereof the innocent party has an automatic right to cancel the agreement in the event of breach.

B An express stipulation in a contract in terms of which a fixed sum of money has to be paid or transferred to the innocent party in the event of breach of contract.

C An implied term of a contract of purchase and sale in terms of which the seller can be held liable if he fails to keep the thing in safe custody from the time of the conclusion of the contract until the time of delivery.

D One of the naturalia of a contract of purchase and sale in terms of which the seller will pay a penalty if he fails to deliver on time.

E One of the essentia$/$ia of a contract of purchase and sale in terms whereof the purchaser will pay interest on the purchase price if he fails to pay on time.

$1\mathrm{.}17$ The prescription period for a debt due in terms of a written contract $($except a mortgage bond agreement$)$ is:

A $1$ Year

B $3$ Years

C $6$ Years

D $30$ Years

E There is no prescription period for a written contract.