TUTORIAL LETTER 3
GUIDELINES FOR ANSWERS FOR ASSIGNMENT QUESTIONS
Year 2021
Semester SECOND SEMESTER
Module BUSINESS LAW
Module code BLA101
1. DETAILS OF LECTURER/FACILITATOR OF LEARNING
Lecturer/Facilitator of Learning Mr R van Niekerk
Consultation times Monday to Friday 09:00-15:00
Telephone Cell 076 151 8097
Email
Office 101, The Village Square, c/o Oxford and Queen Streets, Durbanville, Western Cape, 7550
CPD Vorster – Director | S Totaram – Director | D Singh – Director | JJ Human – Director
Company registration number: 2004/031722/07
, 2. GUIDELINES FOR ANSWERS FOR ASSIGNMENT QUESTIONS
Question 1 [17]
1.1. Courts are bound by authoritive sources (1) an example being the Constitution. (1) Persuasive
authority may lead a court to apply (1) or interpret (1) a legal rule in a particular way an example
being foreign law (1) (5)
1.2. Taking a decision of a lower court to a higher court. (1) The person bringing the appeal hopes to
persuade the higher court to change the decision of the lower court. (1) The person who takes the
matter to a higher court is called the appellant (1) regardless of whether this party was the applicant
or the respondent in the first case (1) or whether this person was the plaintiff or defendant in the
first case (1) (5)
1.3. It refers to a system of rules that applies in a community (1) and which is binding on the public. (1)
Not all rules in a community are legal rules (1) as citizens can also abide by other rules like social or
religious rules. (1) Legal rules can be enforced by the state (1). The main division in law is between
public and private law. (1) Public law deals with the exercise of power by the state and the
relationship between the state and individuals. (1) Private law deals with the legal relationships
between individuals. (1) (7)
Question 2 [22]
2.1. No legal contract has been entered into. (1) To determine if parties have reached consensus (1) the
following needs to be asked. (1) Do they have the serious intention to be contractually bound? (1)
Social agreements (1) are not a legally binding contract. (1) Do they have common intention? (1) The
same commitment in mind. (1) Did every party make his intention known to the other party? (1)
Sarah will not be able to claim money back from Philemon. (1)
(10)
2.2. The poster outside Gary’s shop constitutes an invitation to Mary to make an offer. (1) The general
rule is that an advertisement (1) or display (1) in itself does not constitute an offer (1) but is an
invitation to do business. (1) If Mary reacts to Gary’s invitation, she makes Gary an offer to buy the
advertised item. (1) If Gary accepts Mary’s offer, consensus is reached, and a contract of sale arises.
(1) (7)
2.3. Suspensive condition (1) The contract already exists (1) neither Sifiso or his dad may withdraw from
it. (1) The operation of the contract is suspended until the condition has been fulfilled (1) until then
Sifiso cannot enforce the contract by demanding delivery of the car. (1) (5)
GUIDELINES FOR ANSWERS FOR ASSIGNMENT QUESTIONS
Year 2021
Semester SECOND SEMESTER
Module BUSINESS LAW
Module code BLA101
1. DETAILS OF LECTURER/FACILITATOR OF LEARNING
Lecturer/Facilitator of Learning Mr R van Niekerk
Consultation times Monday to Friday 09:00-15:00
Telephone Cell 076 151 8097
Office 101, The Village Square, c/o Oxford and Queen Streets, Durbanville, Western Cape, 7550
CPD Vorster – Director | S Totaram – Director | D Singh – Director | JJ Human – Director
Company registration number: 2004/031722/07
, 2. GUIDELINES FOR ANSWERS FOR ASSIGNMENT QUESTIONS
Question 1 [17]
1.1. Courts are bound by authoritive sources (1) an example being the Constitution. (1) Persuasive
authority may lead a court to apply (1) or interpret (1) a legal rule in a particular way an example
being foreign law (1) (5)
1.2. Taking a decision of a lower court to a higher court. (1) The person bringing the appeal hopes to
persuade the higher court to change the decision of the lower court. (1) The person who takes the
matter to a higher court is called the appellant (1) regardless of whether this party was the applicant
or the respondent in the first case (1) or whether this person was the plaintiff or defendant in the
first case (1) (5)
1.3. It refers to a system of rules that applies in a community (1) and which is binding on the public. (1)
Not all rules in a community are legal rules (1) as citizens can also abide by other rules like social or
religious rules. (1) Legal rules can be enforced by the state (1). The main division in law is between
public and private law. (1) Public law deals with the exercise of power by the state and the
relationship between the state and individuals. (1) Private law deals with the legal relationships
between individuals. (1) (7)
Question 2 [22]
2.1. No legal contract has been entered into. (1) To determine if parties have reached consensus (1) the
following needs to be asked. (1) Do they have the serious intention to be contractually bound? (1)
Social agreements (1) are not a legally binding contract. (1) Do they have common intention? (1) The
same commitment in mind. (1) Did every party make his intention known to the other party? (1)
Sarah will not be able to claim money back from Philemon. (1)
(10)
2.2. The poster outside Gary’s shop constitutes an invitation to Mary to make an offer. (1) The general
rule is that an advertisement (1) or display (1) in itself does not constitute an offer (1) but is an
invitation to do business. (1) If Mary reacts to Gary’s invitation, she makes Gary an offer to buy the
advertised item. (1) If Gary accepts Mary’s offer, consensus is reached, and a contract of sale arises.
(1) (7)
2.3. Suspensive condition (1) The contract already exists (1) neither Sifiso or his dad may withdraw from
it. (1) The operation of the contract is suspended until the condition has been fulfilled (1) until then
Sifiso cannot enforce the contract by demanding delivery of the car. (1) (5)
