CLA1501
EXAM PACK
,CLA1501 - 2025
Legal Principles and Cases Questions and Answers
Question 1
Which ONE of the following is NOT an authoritative source of South African law?
1. Statute law
2. Customary law
3. The old authorities
4. Judgments of the superior courts
5. Foreign law (Correct)
Answer Explanation
Foreign law is not an authoritative source of South African law. It serves as a
persuasive authority, meaning courts may refer to it for guidance, but they are not
bound to follow it.
Question 2
Which ONE of the following is NOT a requirement for a customary rule to be
recognised as a legal rule?
1. It must have existed for a long time and be reasonable.
2. It must be generally recognised and observed by the community.
3. The contents thereof must be certain and clear.
4. It must have been reduced to writing. (Correct)
Answer Explanation
It is not a requirement that a customary rule be reduced to writing to be legally
recognized. Customary law historically originates from unwritten practices passed down
through community traditions.
,Question 3
Solomon works on a Welkom goldmine. Before leaving his home in Limpopo he
asked his nephew, Bheki, to look after his cattle during his absence and gave him
permission to use the cattle. Everyone in their village now considers the cattle to
be Bheki’s as Solomon has been gone for so long. Bheki uses the dung of the
cattle to fertilise his fields and he sells and consumes their milk.
Which ONE of the following statements is CORRECT under the circumstances?
1. Bheki is the usufructuary of the cattle. (Correct)
2. Bheki is the holder of a praedial servitude in the cattle.
3. Bheki is the pledgee of the cattle.
4. Bheki is the mortgagee of the cattle.
5. Bheki is the owner of the cattle through prescription.
Answer Explanation
Bheki holds a personal servitude (usufruct) granting him the right to use the property
and enjoy its fruits (milk and dung) while Solomon retains bare ownership.
Question 4
Freddie gets involved in an argument with a man in a sports bar on the merits of a
certain rugby team. Freddie loses his temper and assaults the man until he loses
consciousness. Rushing home, Freddie finds his two-year-old son seriously ill.
He drives the child to the hospital emergency ward, traveling 140 km/h in an 80
km/h zone, and receives a court summons for speeding.
On which ONE of the following grounds of justification can Freddie rely regarding
his speeding charge?
1. Necessity (Correct)
2. Provocation
, 3. Self-defence
4. Consent
Answer Explanation
Necessity applies when a party breaks a rule to prevent imminent harm to a higher
legally protected interest (here, saving his child's life). Provocation, self-defence, and
consent do not justify exceeding the speed limit in this context.
Question 5
Robert wants to rent a house belonging to Johnny. They agree that Johnny's
rental offer will remain open to Robert for one week. The following day, Johnny is
approached by Masedi, who also wants to rent the house.
Which ONE of the following statements is CORRECT?
1. Johnny may let the house to Masedi because there is no contract that forbids him
from doing so.
2. Johnny may let the house to Masedi while his offer to Robert is still open.
3. Johnny must keep the offer open for a period of one week until Robert has
rejected or accepted it. (Correct)
4. Johnny may not let the house to Masedi even after the one-week period has
lapsed without an answer.
Answer Explanation
An option agreement was created when Johnny agreed to keep the offer open for a
set duration. During this period, Johnny cannot offer or lease the property to another
party.
EXAM PACK
,CLA1501 - 2025
Legal Principles and Cases Questions and Answers
Question 1
Which ONE of the following is NOT an authoritative source of South African law?
1. Statute law
2. Customary law
3. The old authorities
4. Judgments of the superior courts
5. Foreign law (Correct)
Answer Explanation
Foreign law is not an authoritative source of South African law. It serves as a
persuasive authority, meaning courts may refer to it for guidance, but they are not
bound to follow it.
Question 2
Which ONE of the following is NOT a requirement for a customary rule to be
recognised as a legal rule?
1. It must have existed for a long time and be reasonable.
2. It must be generally recognised and observed by the community.
3. The contents thereof must be certain and clear.
4. It must have been reduced to writing. (Correct)
Answer Explanation
It is not a requirement that a customary rule be reduced to writing to be legally
recognized. Customary law historically originates from unwritten practices passed down
through community traditions.
,Question 3
Solomon works on a Welkom goldmine. Before leaving his home in Limpopo he
asked his nephew, Bheki, to look after his cattle during his absence and gave him
permission to use the cattle. Everyone in their village now considers the cattle to
be Bheki’s as Solomon has been gone for so long. Bheki uses the dung of the
cattle to fertilise his fields and he sells and consumes their milk.
Which ONE of the following statements is CORRECT under the circumstances?
1. Bheki is the usufructuary of the cattle. (Correct)
2. Bheki is the holder of a praedial servitude in the cattle.
3. Bheki is the pledgee of the cattle.
4. Bheki is the mortgagee of the cattle.
5. Bheki is the owner of the cattle through prescription.
Answer Explanation
Bheki holds a personal servitude (usufruct) granting him the right to use the property
and enjoy its fruits (milk and dung) while Solomon retains bare ownership.
Question 4
Freddie gets involved in an argument with a man in a sports bar on the merits of a
certain rugby team. Freddie loses his temper and assaults the man until he loses
consciousness. Rushing home, Freddie finds his two-year-old son seriously ill.
He drives the child to the hospital emergency ward, traveling 140 km/h in an 80
km/h zone, and receives a court summons for speeding.
On which ONE of the following grounds of justification can Freddie rely regarding
his speeding charge?
1. Necessity (Correct)
2. Provocation
, 3. Self-defence
4. Consent
Answer Explanation
Necessity applies when a party breaks a rule to prevent imminent harm to a higher
legally protected interest (here, saving his child's life). Provocation, self-defence, and
consent do not justify exceeding the speed limit in this context.
Question 5
Robert wants to rent a house belonging to Johnny. They agree that Johnny's
rental offer will remain open to Robert for one week. The following day, Johnny is
approached by Masedi, who also wants to rent the house.
Which ONE of the following statements is CORRECT?
1. Johnny may let the house to Masedi because there is no contract that forbids him
from doing so.
2. Johnny may let the house to Masedi while his offer to Robert is still open.
3. Johnny must keep the offer open for a period of one week until Robert has
rejected or accepted it. (Correct)
4. Johnny may not let the house to Masedi even after the one-week period has
lapsed without an answer.
Answer Explanation
An option agreement was created when Johnny agreed to keep the offer open for a
set duration. During this period, Johnny cannot offer or lease the property to another
party.
