CLA1501 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (313246) - DUE 22 April 2024 ;

CLA1501 Assignment 2 (COMPLETE ANSWERS) Semester 1 2024 (313246) - DUE 22 April 2024 ;100% TRUSTED workings, explanations and solutions. for assistance Whats-App.......0.6.7..1.7.1..1.7.3.9............ Question 1 Not yet answered Marked out of 1.00 Question 2 Not yet answered Marked out of 1.00 QUIZ Before their marriage, Nkomi and Thabang concluded an antenuptial contract which they chose not to register. After fi veyears, Nkomi institutes divorce proceedings against Thabang, arguing that their marriage has broken down irretrievably dueto an assortment of reasons including Thabang’s fi nancial profl igacy. Thabang wishes to claim a division of estate includingthe assets belonging to Nkomi. Indicate whether Thabang’s statement that he is entitled to a share of Nkomi’s estate sincetheir antenuptial contract was not registered is true or false. a. TRUE b. FALSE Clear my choice A modus allows Abednego to demand immediate delivery of a vehicle which was unconditionally donated to him by his fathersubject to him giving his bicycle to his brother before he has done so (i.e., give the bicycle to his brother). a. TRUE b. FALSE Clear my choice Time left 1:49:39 CLA1501-24-S1  Welcome Message  Assessment 2 Question 3 Not yet answered Marked out of 1.00 Question 4 Not yet answered Marked out of 1.00 QUIZ Jayson concludes a contract of work with Paintworks to re-paint his house in Durban. Jayson later informs Paintworks thathe is not bound by the contract of work since his lawyer advised him it was invalid. He does not provide reasons for hisconclusion. Jayson’s conduct is an example of a contractual breach known as repudiation. a. TRUE b. FALSE Clear my choice Liability for breach of contract is limited to losses that were foreseeable at the time the contract was concluded. a. TRUE b. FALSE Clear my choice Time left 1:39:01 CLA1501-24-S1  Welcome Message  Assessment 2 Question 5 Not yet answered Marked out of 1.00 Question 6 Not yet answered Marked out of 1.00 QUIZ Terms that are the essentialia of a contract are attached by operation of law to every contract of a particular class or species. a. TRUE b. FALSE Clear my choice The parol evidence rule does not preclude a contracting party from producing evidence proving that a contract is null orvoidable. a. TRUE b. FALSE Clear my choice Time left 1:32:39 CLA1501-24-S1  Welcome Message  Assessment 2 Question 7 Not yet answered Marked out of 1.00 Question 8 Not yet answered Marked out of 1.00 QUIZ An example of a resolutive condition is if James is awarded a full scholarship, which will be paid annually, to study towards aBCompt in Financial Accounting degree at UNISA provided that he obtains 65% on all his accounting modules. a. TRUE b. FALSE Clear my choice An agreement between A and B requiring B to paint improper graffi ti on the walls of C’s house and which reduces its value(C’s patrimony) is void. a. TRUE b. FALSE Clear my choice Time left 1:29:26 CLA1501-24-S1  Welcome Message  Assessment 2 Question 9 Not yet answered Marked out of 1.00 Question 10 Not yet answered Marked out of 1.00 QUIZ As formalities are generally not required by law, failure to accept an offer in writing will not result in an invalid contract even ifthe offeror specifi cally required that the acceptance of the offer be in writing. a. TRUE b. FALSE Clear my choice Vuyisile wants to buy a commercial law textbook from Sivuyile conditional upon it being a 9th edition version of the textbook.Sivuyile does not know if the textbook is a 9th edition version. The fact that they conclude a purchase and sale agreementconditional upon the textbook being a 9th edition version is indicative of a supposition. a. TRUE b. FALSE Clear my choice Time left 1:28:04 CLA1501-24-S1  Welcome Message  Assessment 2 Question 11 Not yet answered Marked out of 1.00 Question 12 Not yet answered Marked out of 1.00 QUIZ Which ONE of the following statements is NOT an element of _mora creditoris_? a. The performance must be dischargeable. b. The debtor must tender performance. c. Performance must be delayed. d. The creditor must fail to give his or her co-operation and thereby delay performance. Clear my choice Which ONE of the following statements regarding the periods of prescription of debts is CORRECT? a. The period of prescription of a debt secured by mortgage bond is 10 years. b. The period of prescription of a judgment debt is 15 years. c. The period of prescription of a debt in respect of any taxation imposed or levied by or under any law is 30 years. d. The period of prescription of a debt owed to the State in respect of any share of the profi ts, royalties, or any similarconsideration payable in respect of the right to mine minerals or other substances is 25 years. Clear my choice Time left 1:18:53 CLA1501-24-S1  Welcome Message  Assessment 2 Question 13 Not yet answered Marked out of 1.00 Question 14 Not yet answered Marked out of 1.00 QUIZ The transfer of the right from the cedent to the cessionary has several consequences.Which ONE of the following statementsREGARDING THE CONSEQUENCES OF CESSION is CORRECT? a. The right forms part of the patrimony of the cedent and not that of the cessionary. b. The cessionary alone has the right to collect the debt. c. Once the cedent has ceded his or her claim to one person, the cedent can still cede it to another person. d. The claim is transmitted to the cessionary without all the benefi ts and privileges such as security or interest. Clear my choice Moses undertakes to buy Xolile a new truck one month after Simon’s death has occurred.Which ONE of the followingstatements is CORRECT? a. The moment for performance cannot be determined since it is uncertain when Simon will die. b. A contractual relationship between Moses and Xolile arises and neither of them may rescind the contract. c. This is an example of a resolutive time clause since the contractual obligation only has effect until the occurrence ofa certain event. d. This is an example of a suspensive condition since the contractual obligations are suspended until the condition isfulfi lled. Clear my choice Time left 1:09:15 CLA1501-24-S1  Welcome Message  Assessment 2 Question 15 Not yet answered Marked out of 1.00 Question 16 Not yet answered Marked out of 1.00 QUIZ Which ONE of the following statements is NOT one of the requirements that the plaintiff must prove before the court willgrant an order for reduced performance? a. The defendant is using the defective performance. b. The circumstances are such that it would be equitable for the court to exercise its discretion in favour of the grantingof such an order. c. What the reduced contract price should be, that is, the contract price less the amount required to bring theperformance up to the required standard. d. The defendant is not using the defective performance. Clear my choice Before a customary rule will be recognised as a legal rule, certain requirements have to be met.Which ONE of the followingstatements is INCORRECT? a. It must be reasonable. b. It must have existed for at least 3 months. c. The contents of the customary rule must be certain and clear. d. It must be generally recognised and observed by the community. Clear my choice Time left 1:05:21 CLA1501-24-S1  Welcome Message  Assessment 2 Question 17 Not yet answered Marked out of 1.00 Question 18 Not yet answered Marked out of 1.00 QUIZ Which ONE of the following statements is CORRECT? a. In terms of South African law, a minor or child under the age of seven years has limited capacity to act. b. In terms of South African law, a minor or child over the age of seven years does not have an independent intellectand can therefore not exercise an independent will. c. In terms of South African law, a minor or child over the age of seven years, has no capacity to act. d. In terms of South African law, a minor or child over the age of seven years, has an independent intellect and cantherefore exercise an independent will. Clear my choice Which ONE of the following statements regarding the consequences of cancellation of a contract is CORRECT? a. The general rule is that if either one or both of the parties have performed, whatever has been performed by the otherparty must be returned to him or her (restitution). b. A court may not dispense with restitution even if it considers it just and equitable to do so. c. If restitution has become impossible, the party who is cancelling the contract is not relieved of the duty to return theperformance which has been received. d. Where it is impossible for the guilty party to return the innocent party’s performance, the innocent party has to returnthe guilty party’s performance. Clear my choice Time left 1:00:44 CLA1501-24-S1  Welcome Message  Assessment 2 Question 19 Not yet answered Marked out of 1.00 Question 20 Not yet answered Marked out of 1.00 QUIZ Reyansh wins a gift voucher from Shine Car Fixtures. In terms of the voucher, he is entitled to a free carwash. Since he doesnot own a car, he cedes his right to the free carwash to his friend Sahil.Which ONE of the following statements is CORRECT? a. An agreement between Reyansh and Shine Car Fixtures in terms of which a new obligation is created between ShineCar Fixtures and Sahil, is a cession of rights. b. An agreement between Reyansh and Sahil in terms of which Sahil becomes entitled to performance by Shine CarFixtures, is a cession of rights. c. An agreement between Reyansh and Sahil in terms of which a new obligation is created between Shine Car Fixturesand Sahil, is a cession of rights. d. An agreement between Shine Car Fixtures and Sahil in terms of which a new obligation is created between Shine CarFixtures and Sahil, is a cession of rights. Clear my choice Ted and Robyn are engaged. They included a clause in their ante-nuptial contract to the effect that Ted shall make Robyn hisheir.Which ONE of the following statements regarding the agreement between Ted and Robyn is CORRECT? a. It is a valid contract. b. It is an unenforceable agreement since it is prohibited by legislation. c. This agreement constitutes a contract that is physically impossible. d. It is an agreement in terms of which Ted’s freedom to participate in legal intercourse is restrained.