CLA1503 Assignment 2 Semester 1 2021 Solutions.

CLA1503 Assignment 2 Semester 1 2021 Solutions.4 RESOURCES 4.1 Prescribed book(s) The prescribed textbook for CLA1503 is General Principles of Commercial Law 9th ed (2019) Juta, co-authored by H Schulze, T Manamela, P Stoop, E Manamela, E Hurter, B Masuku and C Stoop. You should purchase this prescribed textbook. The prescribed books can be obtained from the University's official booksellers. If you have difficulty finding the book at these booksellers, please contact the Prescribed Books Section at or email . The prescribed textbook is also an e-book and can be purchased at . Only the following chapters in the prescribed textbook have to be studied for this module: Chapter 1: The South African Legal System Chapter 2: Introduction to the Science of Law Chapter 3: Law of Contract: Introduction Chapter 4: Consensus Chapter 5: Capacity to Perform Juristic Acts Chapter 6: The Agreement must be Possible Chapter 7: Formalities Chapter 8: Terms of the Contract Chapter 10: Breach of Contract Chapter 11: Remedies for Breach of Contract Chapter 12: Transfer and Termination of Personal Rights (Please Note: Only paragraphs 12.1 (Introduction), 12.2 (Cession) and 12.2.1 (The consequences of cession) are prescribed) Chapter 13: The Contract of Sale Chapter 14: The Contract of Lease Chapter 15: The Contract of Insurance Chapter 20: The Law of Agency Chapter 21: Forms of Business Enterprise (Please Note: Paragraph 21.4 (21.4.1-21.4.8) (Company Law) is not prescribed) Chapter 23: Security Chapter 30: Consumer Protection 4.2 Recommended book(s) There are no recommended books for CLA1503. QUESTION 1 Which ONE of the following sources will a South African lawyer consult on Roman law? 1. the Constitution of the Republic of South Africa, 1996 2. Customary Law 3. the Corpus Iuris Civilis 4. South African Statute Law (2) Answer: Refer to page 2 of the prescribed textbook: 1.1.1 Roman law Roman law traditionally spans the period from 753 BC to AD 568. At the beginning of this period, Rome was a small, relatively primitive state with most of its population living on farms around the city. Its economy was based mainly on agriculture, with no trade to speak of. The nucleus of the community was the family with the oldest male ascendant at its head. Not only was he the sole owner of all the family property, whether acquired by himself or his dependants, but he was also the holder of all power, including the power of life and death, over the members of his family and his slaves. The law was correspondingly primitive. Rome, however, developed rapidly until it stood at the head of a vast empire which extended over virtually the entire Western Europe and large portions of Africa and Asia. Obviously, the law had to adapt to and make provision for these changed circumstances, and, in consequence, a highly sophisticated legal system, capable of dealing with the exigencies of increasing wealth, expanding trade and an influx of foreigners, evolved. From AD 291 attempts were made to codify Roman law and these attempts culminated in a codification known as the Corpus Iuris Civilis, which appeared during the reign of Emperor Justinian in the sixth century. Today, this work is still the primary authoritative source on which South African courts draw when reverting to Roman law to solve a legal problem. QUESTION 2 Jaco is a famous inventor of new, environmentally friendly trucks. He stands in his ultramodern workshop admiring the revolutionary new electrically powered truck that he designed for the company, Big Trucks, which still owes him R5 000 000. This sentence contains four legal objects, one from each of the four categories of Jaco's subjective rights. The R5 000 000 owed to Jaco is an example of …