question

Choose the correct answer from the given options in each of the following questions. write the correct letter only

$1\mathrm{.}1$ The originating source of Namibian Law is:

A Legislation

B Common Law

C Custom

D Judgments of Court

E Indigenous Law

$1\mathrm{.}2$ In determining whether a contract has been concluded, certain rules of offer and

acceptance apply. Which of the following statements is false?

A An offer may not be revoked before acceptance.

B Performance of the conditions of an offer is an acceptance of that offer.

C Acceptance must be absolute and unqualified and it must be

unequivocally conveyed to the offeror that it is so intended.

D An offer lapses upon the death of either the offeror or offeree.

E All of the above. $(2)$

$1\mathrm{.}3$ An offeror may freely withdraw his offer provided that it has not been accepted

and provided the offeror had not bound him$/$her to keep the offer open. Such a

withdrawal of an offer is known as:

A Option

B Waiver

C Revocation

D Entrenchment

E Right of pre$-$emption

$1\mathrm{.}4$ A right of pre$-$emption is:

A A right one obtains in order to refuse or accept the purchase of an item first.

B A right acquired by a person in terms of a testament of another

C A right, which comes into existence because you have the choice to decide to contract at a later date.

D A right, which must come into existence on a certain future date

E None of the above

$1\mathrm{.}5$ Our courts have authoritatively laid down that where in the ordinary course the Post Office is used as the channel of communication and a written offer is made, the offer becomes a contract at the time when, and the place where, the letter

of acceptance is posted. The above principle is known as:

A The information theory

B The declaration theory.

C The reception theory.

D The expedition theory.

E The communication theory.

$1\mathrm{.}6$ Undue influence comes about as a result of:

A A false statement of fact, which is material, but made without intention by the maker thereof.

B A mistaken perception concerning the nature or obligations or person to a contract, which influenced a person to enter into a contract.

C Parties to a contract being placed in the position they were prior to the conclusion of the contract.

D A threat to a person's freedom made by the other contracting party or the duly appointed agent of such contracting party which influenced the threatened party to enter into the contract.

E None of the above.

$1\mathrm{.}7$ Charles is a $15-$year$-$old pupil$/$us$.$ State which of the following contracts would be

binding on both contracting parties.

A He buys a television set for the purchase price of N$ $2500$ on credit without the consent of his guardian.

B He buys a motorcycle in terms of the Credit Agreements Act $75$ of $1980$ without the consent of his parents, but a week later they ratify the agreement.

C He takes out a life insurance policy from Prosperity Life Insurance Company for the insurance of his life for N$ $5$ million of which his

girlfriend is the beneficiary.

D He consents to surgery in order to remove his kidney for a donation to an ill friend.

E Both B and D

$1\mathrm{.}8$ 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.