Banking Law and Usage
Lml 4807
Assignment 01:
Due Date: 22 August 2023
, Solutions
Explanations
Workings
Plagiarism free
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Carefully read the case below, from your prescribed reading list, and answer the following
questions: Joint Stock v Absa Bank 2008 (4) SA 287 (SCA) The allocation of marks for this
case discussion is as follows:
1. Briefly outline the key facts of the case (3) 2. What were the main arguments by the
concerned parties (2) 3. Summarise the decision of the court (meaning the reasons for the
decision of the court) (4) 4. Provide your critical comment on this decision, in particular the
finding by Cachalia JA in respect of the knowledge of the bank (your own opinion on whether
the court correctly interpreted the law) (1) Your answer to the above questions should not
exceed three pages (hand-written or typed). Answers to this assignment question must be
submitted on MyUnisa as your assignment 1.
1. Briefly outline the key facts of the case:
In the case of Joint Stock v Absa Bank 2008 (4) SA 287 (SCA), the key facts are as follows:
- Joint Stock was a company that owned a property in South Africa.
- Joint Stock entered into a loan agreement with Absa Bank, where Absa Bank provided a loan
to Joint Stock.
- As part of the loan agreement, Joint Stock agreed to provide a mortgage bond over the
property as security for the loan.
Lml 4807
Assignment 01:
Due Date: 22 August 2023
, Solutions
Explanations
Workings
Plagiarism free
100% trusted
Carefully read the case below, from your prescribed reading list, and answer the following
questions: Joint Stock v Absa Bank 2008 (4) SA 287 (SCA) The allocation of marks for this
case discussion is as follows:
1. Briefly outline the key facts of the case (3) 2. What were the main arguments by the
concerned parties (2) 3. Summarise the decision of the court (meaning the reasons for the
decision of the court) (4) 4. Provide your critical comment on this decision, in particular the
finding by Cachalia JA in respect of the knowledge of the bank (your own opinion on whether
the court correctly interpreted the law) (1) Your answer to the above questions should not
exceed three pages (hand-written or typed). Answers to this assignment question must be
submitted on MyUnisa as your assignment 1.
1. Briefly outline the key facts of the case:
In the case of Joint Stock v Absa Bank 2008 (4) SA 287 (SCA), the key facts are as follows:
- Joint Stock was a company that owned a property in South Africa.
- Joint Stock entered into a loan agreement with Absa Bank, where Absa Bank provided a loan
to Joint Stock.
- As part of the loan agreement, Joint Stock agreed to provide a mortgage bond over the
property as security for the loan.
