MRL3701
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 31 August 2023
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
31 August 2023. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION:
See the table in the question paper and match the three columns to answer the questions that follow. You
must therefore answer the question as follows on your answer sheet (see ONLY AN EXAMPLE in the
question paper) and do so for every question (a) – (e).
ANSWER:
a) Case Name: Estate Wege v Strauss 2932 AD 76
1. Ratio decidendi of the case:
A trust cannot be a debtor and can therefore not be sequestrated. Section 29 Insolvency Act 24 of
1936.
2. Area of Insolvency Law applicable:
Eligibility of a trust as a debtor for sequestration under Section 29 of the Insolvency Act.
ANSWER:
b) Case Name: Epstein v Epstein 1987 (4) SA 606 (C)
1. Ratio decidendi of the case:
Although a betting transaction was an invalid agreement and thus unenforceable in a court of law,
payment of such a wavering debt was not a disposition without value. Friendly Sequestrations.
2. Area of Insolvency Law applicable:
ASSIGNMENT 1 (SEMESTER 2)
DUE DATE: 31 August 2023
Written Assignment Submission Guidelines:
Please ensure that your assignment is submitted electronically through the myUnisa platform no later than
31 August 2023. Kindly note that fax or email submissions will not be accepted.
NB: Assignment submitted to the lecturer(s) through email will not be considered.
QUESTION:
See the table in the question paper and match the three columns to answer the questions that follow. You
must therefore answer the question as follows on your answer sheet (see ONLY AN EXAMPLE in the
question paper) and do so for every question (a) – (e).
ANSWER:
a) Case Name: Estate Wege v Strauss 2932 AD 76
1. Ratio decidendi of the case:
A trust cannot be a debtor and can therefore not be sequestrated. Section 29 Insolvency Act 24 of
1936.
2. Area of Insolvency Law applicable:
Eligibility of a trust as a debtor for sequestration under Section 29 of the Insolvency Act.
ANSWER:
b) Case Name: Epstein v Epstein 1987 (4) SA 606 (C)
1. Ratio decidendi of the case:
Although a betting transaction was an invalid agreement and thus unenforceable in a court of law,
payment of such a wavering debt was not a disposition without value. Friendly Sequestrations.
2. Area of Insolvency Law applicable:
