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HPM2603 - Assignment 2 - 2020 - 92%

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ASSIGMENT 2
(ALL ASSIGNMENTS FOR THIS MODULE MUST BE SUBMITTED
ELECTRONICALLY BECAUSE THIS IS AN ONLINE MODULE)




QUESTION1 [10]

Give the correct word for each of the following:

1.1 The legislative authority of South Africa and has the power to make laws of the
country in accordance with the constitution.
1.2 A set of law for private relationships.
1.3 It regulates the organization of the state, the relation between different organs of
the state and relation between the state and its subjects.
1.4 False representation made by one party to another in form of a statement, by
conduct, or by keeping silent and not telling the other the true state of affairs.
1.5 A court order that prohibits a person or persons from acting in a wrongful way or
orders him/ her to stop the wrongful conduct
1.6 Laws made by the government
1.7 When people with a problem agree to have a third person act as ago-between to
help them settle their problem.
1.8 Agreements that are aimed at restraining a person’s freedom to engage in
commercial agreements
1.9 Behaviour by a party to a contract that indicates that he/she does not intend to
honour his/her part of the contract.
1.10 A person blamed for a careless attitude or conduct, thoughtlessness or
imprudence because, by giving attention to his/her action, he failed to adhere to
the standard of care legally required of a person



QUESTION 2 [33]

2.1 What is your understanding of the concept of ‘law’. (3)
2.2 Explain what is meant by sources of law. (2)
2.3 Name and discuss five(5) sources of law. (10)
2.4 Discuss the following: (18)
2.4.1 Judges
2.4.2 Magistrates

, 2.4.3 Assessors
2.4.4 Paralegals
2.4.5 Prosecutors
2.4.6 Public defenders
2.4.7 Advocates
2.4.8 Lawyers
2.4.9 Director of Public prosecutions


QUESTION 3 [42]
3.1 List the five(5) elements of a valid contract. (5)
3.2 Discuss the three (3) elements of a consensus. (6)
3.3 Define the term ‘Delict’. (2)
3.4 A cleaner in a hotel fails to put warning signs for slippery floors when cleaning the floor
and a guest enters, slips, falls and breaks his/her leg. How would one prove the
elements
of delict. (5)
3.5 Discuss a contract of lease. (2)
3.6 Explain what is meant by term Essentialia of a contract. (2)
3.7 Briefly describe Essentialia of a contract of lease. (6)
3.8 Define the term Franchise. (2)
3.9 Tabulate the four(4) advantages and disadvantages of a franchise. (8)
3.10 Distinguish between the duties of the franchisor and the franchisee. (4)



QUESTION 4 [15]

4.1 The formation of contract will only take place if the offer and acceptance fulfil certain
requirements. What are 6 requirements of offer and acceptance? (6)
4.2 Briefly discuss the five (5) different forms of breach of contract. (5)
4.3 What is the purpose of the of the consumer protection act? (2)
4.4 Whom may lodge complaints in terms of the Consumer Protection Act? (2)

TOTAL [100]
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