CLA1501 Assignment 02 Semester 02 2019 Answers

Commercial Law
CLA1501

APPENDIX B: SECOND SEMESTER COMPULSORY
ASSIGNMENTS:


ASSIGNMENT 2


Unique number: 786359


Submission date: 30 SEPTEMBER 2019
QUESTION 1

Which ONE of the following statements is CORRECT?

1. The High Court in Bloemfontein is not bound by the decision of the High Court
in Pretoria.
2. A Magistrate's Court is bound to follow a decision of another Magistrate's
Court.
3. The Supreme Court of Appeal is bound by its previous judgments, even if the
court is convinced that the decision was wrong.
4. A full bench of a High Court is bound by both the ratio decidendi and the
obiter dictum of the Supreme Court of Appeal.
(2)

1) A High Court is bound by judgements of another High Court’s decision (they
usually stick to it any ways)
2) Magistrate’s courts are bound by the judgments of the Supreme Court of
Appeal and the High Courts. If the judgments of the High Courts are
conflicting, a magistrate should follow the decision of the High Court in whose
jurisdiction it falls.