LJU4804 PORTFOLIO (DETAILED ANSWERS) MAY JUNE 2025 - DISTINCTION GUARANTEED

LJU4804 PORTFOLIO (DETAILED ANSWERS) MAY JUNE 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,. 1.5 Michael executed a will in Mauritius in which he appointed Martha as his sole heir. At the time of execution of the will, he was domiciled in Zambia and a Zambian citizen. He retained his Zambian citizenship throughout his life. After his divorce from Martha was finalised, Michael executed a second will in Germany that expressly revoked his first will and appointed his child as his sole heir. At the time of its execution, he was domiciled in South Africa. Michael’s first will was formally valid in terms of Mauritian law (only). Michael’s second will was formally invalid in terms of all its possible testing systems, but formally valid in terms of Mauritian law. In terms of the rules of intestate succession of Mauritius, Germany and South Africa, his child would be his intestate heir. Michael died in a car accident in May 2024. Who would inherit his estate? Note: You must apply the relevant provision of the Wills Act 7 of 1953. (5) 1.6 As mentioned in 1.5, Michael tragically died in a motor vehicle accident while on a business trip in Namibia. At the time of his death, he was still domiciled in Johannesburg and a Zambian citizen. The accident was caused by a negligent truck driver employed by a multinational courier company with depots in all the SADC countries. The lawyers representing Michael’s heir plan to sue the truck company based on delict. If the action is instituted in the South Gauteng High Court, which legal system will be applied to the matter? (5) [40] LJU4804 MAY JUNE 2025 5 QUESTION 2 Consider the following statement and provide a properly referenced essay-answer. Make use of numbered headings and sub-headings and provide footnote references for every statement made. The South African International Arbitration Act 15 of 2017 represents best practice in respect of the provisions governing the procedural aspects of international arbitrations as well as in respect of the recognition and enforcement of foreign arbitral awards. (Note: Discuss the relevant provisions of the International Arbitration Act 15 of 2017 (IAA) and the UNCITRAL Model Law as well as the 1958 New York Convention as incorporated.) [20] QUESTION 3 Instructions: Read the set of facts and answer the questions that follow. Chutney Ltd is a South African company with its principal place of business in Durban. Spices Ltd is a company incorporated in terms of the laws of England with its principal place of business in Bristol. In January 2024, Spices purchased a large consignment of chutney from Chutney Ltd. Payment had to take place by means of electronic funds transfer (EFT) into Chutney’s business account held at RMB (Durban). Delivery had to take place FOB (Durban). The contract contained no choice of law clause. Spices duly transferred the funds as per the contract. However, Chutney failed to deliver the full consignment. After sending several notices of demand, Spices instituted action in the Kwa Zulu Natal High Court, Durban. 3.1 How would the court go about establishing the proper law of the contract if the objective approach is used? (10) 3.2 Explain what the FOB INCOTERM entails. Note: Your discussion must be based on your prescribed reading material by Van Niekerk and Schulze. (5) 3.3 If this CISG applied to this contract, would Spices be able to claim damages in terms of the Convention’s provisions? (5)