Commercial Law 1A
CLA1501
, Section A – Questions
QUESTION 1
Briefly differentiate between the ratio decidendi and the obiter dictum of a
judgement.
QUESTION 2
Name and briefly discuss the two methods by which an original right of ownership
may be established.
QUESTION 3
List and briefly describe the two categories of legal subjects that are recognised by
South African law.
QUESTION 4
Match each Roman letter in Column B with the correct alphabet in Column A.
COLUMN A COLUMN B
(a) Dispatch (expedition) theory (i) A responsibility imposed by law that obliges
or binds a person to render performance.
(b) Duty (ii) A contract comes into being at the time when
the acceptance is communicated and at the
place where the parties happen to be at that
moment.
(c) Information (ascertainment) theory (iii) Any right that a legal subject has regarding a
specific legal object and which is protected by
law.
(d) Right (iv) Any entity that can be the object of a legal
subject’s claim to a right.
(e) Legal object (v) A contract comes into being at the place
where and at the time when the letter of
acceptance is posted, unless the parties agree
otherwise.
QUESTION 5
Indicate whether the following statement is TRUE or FALSE. Give reasons for your
answer. John, a 13 year old boy can undergo an HIV test without his guardian’s
consent.
QUESTION 6
Moloko wants to sell her 2012 BMW 320i to anyone who is interested in buying the
car. She then decides to advertise the car for sale in the local newspaper so that she
can attract as many potential buyers as possible. Advise her whether such an
advertisement placed in the newspaper is a VALID offer.
CLA1501
, Section A – Questions
QUESTION 1
Briefly differentiate between the ratio decidendi and the obiter dictum of a
judgement.
QUESTION 2
Name and briefly discuss the two methods by which an original right of ownership
may be established.
QUESTION 3
List and briefly describe the two categories of legal subjects that are recognised by
South African law.
QUESTION 4
Match each Roman letter in Column B with the correct alphabet in Column A.
COLUMN A COLUMN B
(a) Dispatch (expedition) theory (i) A responsibility imposed by law that obliges
or binds a person to render performance.
(b) Duty (ii) A contract comes into being at the time when
the acceptance is communicated and at the
place where the parties happen to be at that
moment.
(c) Information (ascertainment) theory (iii) Any right that a legal subject has regarding a
specific legal object and which is protected by
law.
(d) Right (iv) Any entity that can be the object of a legal
subject’s claim to a right.
(e) Legal object (v) A contract comes into being at the place
where and at the time when the letter of
acceptance is posted, unless the parties agree
otherwise.
QUESTION 5
Indicate whether the following statement is TRUE or FALSE. Give reasons for your
answer. John, a 13 year old boy can undergo an HIV test without his guardian’s
consent.
QUESTION 6
Moloko wants to sell her 2012 BMW 320i to anyone who is interested in buying the
car. She then decides to advertise the car for sale in the local newspaper so that she
can attract as many potential buyers as possible. Advise her whether such an
advertisement placed in the newspaper is a VALID offer.
