Commercial Law 1C
CLA1503
, ASSIGNMENT 01
QUESTION 1
Danie enters into a contract of sale with Henco for the sale of his motorbike to Henco
for R20 000. They agree that Danie shall deliver the motorbike in good condition to
Henco after themotorbike rally in Polokwane.
Answer the following questions:
(i) Which TWO of the most important essential characteristics or essentialia did
Danie andHenco agree before the contract can be described and treated as a
contract of sale?
(ii) What is the naturalia of the contract in this case?
(iii) What are the incidentalia in this case?
QUESTION 2
Define and give one example of a condition.
QUESTION 3
State whether the following statement is True or False:
The term rescission refers to the act of withdrawal from a contract as a result of breach
of contract, while cancellation refers to an act of withdrawing from a contract due to
reasons otherthan breach of contract.
QUESTION 4
Moipone, a fourteen-year-old girl, wants to undergo an HIV test without her guardian’s
consent.
(i) Advice whether Moipone is legally allowed to undergo an HIV test without her
guardian’sconsent.
(ii) Apart from age, give SIX factors which influence an individual’s capacity to act.
QUESTION 5
Discuss the purpose of the Consumer Protection Act 68 of 2008.
CLA1503
, ASSIGNMENT 01
QUESTION 1
Danie enters into a contract of sale with Henco for the sale of his motorbike to Henco
for R20 000. They agree that Danie shall deliver the motorbike in good condition to
Henco after themotorbike rally in Polokwane.
Answer the following questions:
(i) Which TWO of the most important essential characteristics or essentialia did
Danie andHenco agree before the contract can be described and treated as a
contract of sale?
(ii) What is the naturalia of the contract in this case?
(iii) What are the incidentalia in this case?
QUESTION 2
Define and give one example of a condition.
QUESTION 3
State whether the following statement is True or False:
The term rescission refers to the act of withdrawal from a contract as a result of breach
of contract, while cancellation refers to an act of withdrawing from a contract due to
reasons otherthan breach of contract.
QUESTION 4
Moipone, a fourteen-year-old girl, wants to undergo an HIV test without her guardian’s
consent.
(i) Advice whether Moipone is legally allowed to undergo an HIV test without her
guardian’sconsent.
(ii) Apart from age, give SIX factors which influence an individual’s capacity to act.
QUESTION 5
Discuss the purpose of the Consumer Protection Act 68 of 2008.
