Written by students who passed Immediately available after payment Read online or as PDF Wrong document? Swap it for free 4.6 TrustPilot
logo-home
Document preview thumbnail
Preview 2 out of 6 pages
Exam (elaborations)

MRL3701 Assignment 1 Semester 2 2026 - Due 13 August 2026

Document preview thumbnail
Preview 2 out of 6 pages

MRL3701 Assignment 1 Semester 2 2026 - Due 13 August 2026 Question 1 Naledi runs a small architectural practice in Polokwane. Owing to a downturn in the construction industry she is struggling to pay her creditors on time, although her assets still exceed her liabilities. In March her elderly mother, who lives in Portugal, suffers a severe stroke. Naledi immediately flies to Lisbon to care for her, informing her office that she will return once her mother's condition stabilises. Six months later, Naledi has still not returned to South Africa. Her creditors, growing anxious, approach you as a candidate attorney for advice on whether they can rely on her absence to apply for the sequestration of her estate. Advise the creditors whether Naledi has committed an act of insolvency in terms of s 8(a) of the Insolvency Act. In your answer, set out the requirements of s 8(a), discuss the intention requirement and how it is proved, and apply the law to Naledi's circumstances. Question 2 Thabo and Lerato have been married out of community of property since 2025. Thabo runs a small panel-beating business in Springs, and Lerato is employed as a quantity surveyor. Over the past year Thabo's business has collapsed, and the couple have stopped paying their accounts. One of Thabo's major suppliers, Steelcor (Pty) Ltd, is owed R180 000 and has heard that Thabo recently transferred his bakkie into his brother's name for no payment. The manager of Steelcor (Pty) Ltd consults you, wanting to know whether the company can bring an application to have Thabo's estate sequestrated. Advise Steelcor (Pty) Ltd on the requirements it must prove to convince a court to grant an application for compulsory sequestration. Question 3............................................. Question 4.......................................

Content preview

MRL3701
ASSIGNMENT 1
DUE DATE: 2 MARCH 2026

, MRL3701 Assignment 1 2026

DUE 2 MARCH 2026



QUESTION


Palesa and her best friend Mpho started a new restaurant business in 2023. Despite
their impressive culinary skills, the restaurant was not a success. Palesa lost a lot of
money which she had invested in the restaurant, leaving her in a dire financial
situation. By 1 October 2025,


(b) What is an undue preference and what elements must be proved for a court to
set aside an undue preference?


(a) Voidable preference


A voidable preference is a disposition made by an insolvent debtor that has the effect of
preferring one creditor above others shortly before sequestration. The policy behind
section 29 is to prevent a debtor who is close to insolvency from choosing which
creditors to pay and undermining the concursus creditorum.¹


In terms of section 29(1) of the Insolvency Act, the trustee must prove the following
requirements in order for a voidable preference to be set aside:



¹ Walker v Syfret NO 1911 AD 141.

Document information

Uploaded on
February 6, 2026
File latest updated on
August 11, 2026
Number of pages
6
Written in
2025/2026
Type
Exam (elaborations)
Contains
Questions & answers
$4.79

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
Unisian
4.3
(653)
Sold
5580
Followers
1438
Items
851
Last sold
3 hours ago


Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their tests and reviewed by others who've used these notes.

Didn't get what you expected? Choose another document

No worries! You can instantly pick a different document that better fits what you're looking for.

Pay as you like, start learning right away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and aced it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions