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2026 - CLA1503 - ASSESSMENT 1 - QUESTIONS AND ANSWERS - SEMESTER 2

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1
2026 – S1 – CLA1503 – ASSESSMENT 1 – Q&A


QUIZ
Assessment 1
Started on Friday, 27 March 2026,
State Finished
Completed on Friday, 27 March 2026,
Time taken
Marks 10.00/10.00
Grade 100.00 out of 100.00


Question 1
The law in South Africa, authoritative and persuasive, is drawn from a number of sources.

These may include:

A A single recorded and comprehensive piece of South African legislation

B the codified legal systems of certain continental European countries

C works of Roman-Dutch authors

D judgments of local and foreign courts



Which ONE of the following is CORRECT?


1.
A and B

2.
C and D

3.
only A

4.
B, C and D


B, C and D are CORRECT. B is CORRECT, because although the codified legal systems of

,2
2026 – S1 – CLA1503 – ASSESSMENT 1 – Q&A


certain countries on the European continent are not authoritative sources of South African
law, they do have persuasive authority. These countries are those whose legal systems also
derive from Roman law. C is CORRECT, because in the absence of South African legislation
or decided cases, works of the writers on Roman-Dutch law can be consulted. D is
CORRECT because if none of the authoritative sources can cast any light on a legal problem,
the courts will turn to decisions of other local courts, like those of Zimbabwe and Namibia
and foreign courts. Remember that decisions of foreign courts only have persuasive and not
authoritative value.

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Your answer is correct.


The correct answer is:
B, C and D


Question 2


Rose enters into an agreement with her friend Sandra under which Rose will use Sandra’s
house until she buys her own.



This is an example of a .....


1.
resolutive time clause.

2.
suspensive condition.

3.
suspensive time clause.

4.
resolutive condition.


This is an example of a resolutive condition. A condition is a contractual term which renders

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2026 – S1 – CLA1503 – ASSESSMENT 1 – Q&A


the operation and consequences of the contract dependent on the occurrence or non-
occurrence of a specified uncertain future event, whereas a time clause is subject to a
specified certain future event, either determined or ascertainable. Because it is uncertain
whether Rose will ever buy a house, the contract between Rose and Sandra is dependent on
the occurrence of a specified uncertain future event. The term is therefore a condition. A time
clause or condition is resolutive if the obligations flowing from the contract will only have
effect until the future event occurs: an uncertain event in the case of a condition; and a certain
event in the case of a time clause. Because the contract of lease will only have effect until
Rose buys her own house (if she ever does), and will terminate if she does, the condition is
resolutive.

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Your answer is correct.
The correct answer is:
resolutive condition.


Question 3
Which ONE of the following agreements is lawful?


1.
A contract which is unreasonable or unjust.


CORRECT. A contract is unlawful if it (its conclusion, performance or aim) is against
common or statutory law. The mere fact that a contract is unreasonable or unjust towards one
or both of the parties (for example, that it is a bad bargain for one of the parties), will not
render it unlawful.

2.
A contract which is against public policy.

3.
A contract which is contrary to good morals.

4.
A contract which is contrary to a statute.

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