Well-structured HFL1501 Assignment 5 (ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!). . Question
1
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Identify whether the following statement is
true or false
:
In terms of Roman legal principles, theft qualifi ed as a crime.
Select one:
True
False
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UNISA
2024
HFL1501-24-S1
Assessment 5
Question
2
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QUIZ
Consider the case of
Nkala and others v Harmony Gold Mining Company Ltd and others
[2016] ZAGPJHC 97 and identify whichone of the following statements regarding the ultimate outcome of the case is
correct
:
The parties settled out of court.
A court date was set for the claimants to prove their case against the defendants.
The Court indicated that the claimants did not meet the requirements to constitute a class, and a class-action lawsuitwas not allowed.
The Court awarded damages to the claimants, which was to be determined based on the specifi c symptoms andsuffering of each individual.
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UNISA
2024
HFL1501-24-S1
Assessment 5
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3
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Which one of the following statements regarding the terms “damage” and “damages” is
correct
?
“Damage” refers to the sum of money that the wrongdoer must pay to compensate the victim for the harm they havesuffered.
“Damage” and “damages” have different meanings.
“Damage” and “damages” have the same meaning.
“Damages” refers to the harm suffered by the victim.
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UNISA
2024
HFL1501-24-S1
Assessment 5
Question
4
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Which one of the following statements regarding the historical development of the delict of
iniuria
is
correct
?
Iniuria
came to be defi ned as any conduct that intentionally injured the body, dignity or reputation of another person.
Under early Roman law the insulting behaviour or an attack on the body of a free person qualifi ed as
damnum iniuriadatum
, and not as
iniuria
.
The delict of
iniuria
originated in response to the damage to the property of a free person.
The delict of iniuria was created to address cases in which the body of a slave was attacked.
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UNISA
2024
HFL1501-24-S1
Assessment 5
Question
5
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Which one of the following constituted a delict in terms of Chapter 1 of the
Lex Aquilia
?
Killing someone else’s bull in self-defence.
Killing someone else’s goat by beating it with a stick.
Killing someone else’s chicken by driving over it with a cart.
Killing someone else’s cow by poisoning it.
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UNISA
2024
HFL1501-24-S1
Assessment 5
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6
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Which one of the following statements regarding the development of the delictual element of damage, as it related to thedelict of damage to property, is
not
correct?
Later developments of the law allowed slaves to claim damages for injuries to their bodies.
It became possible to claim for damage to a free person’s body.
Lucrum cessans
was the loss of income suffered by the victim as a result of the wrongdoer’s actions.
Damnum emergens
was the damage that followed naturally from the wrongdoer’s actions.
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UNISA
2024
HFL1501-24-S1
Assessment 5
Question
7
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Which one of the following statements regarding the determination of negligence in the case of
Loureiro and others v iMvulaQuality Protection (Pty) Ltd
[2014] ZACC 4 is
not
correct?:
The Court stated that it was essential to establish the state of mind of a potential wrongdoer to determine whether theywere liable for their actions.
Generally, establishing whether a potential wrongdoer acted negligently requires the application of the reasonable-person test.
After applying the test for negligence, the Court found that the security guard had not been negligent in this case.
The Court developed the reasonable security-guard test to determine whether the guard in this case had actednegligently.
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UNISA
2024
HFL1501-24-S1
Assessment 5
Question
8
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Which element of a delict refers to the blameworthy attitude of the wrongdoer?
Fault
Conduct
Causation
Wrongfulness
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UNISA
2024
HFL1501-24-S1
Assessment 5
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9
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Study the following scenario and then answer the question that follows by choosing one of the available options:
Sophia kills Johannes’ pet snake in self-defence when it tries to strangle her.
Which delictual element is missing on these facts?
Fault
Wrongfulness
Conduct
Causation
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UNISA
2024
HFL1501-24-S1
Assessment 5
Question
10
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Read the following scenario and then answer the question that follows:
Two neighbours, Jane and Phuti, attend church together every week. Jane is in love with Phuti’s husband, Isaac, and she(Jane) hatches a plan to cause a rift between husband and wife. After church one Sunday, Jane asks Phuti about her affairwith Pastor Nhlapo’s brother. Phuti is surprised and confused, because she is not having an affair. Jane was purposefullyspeaking so loudly that most of the congregation heard her and are now gossiping about Phuti. Over the next week, Phutirealises that she is no longer respected in the community. Phuti decides that she will no longer put up with Jane’s schemingand she visits an attorney to fi nd out about the legal remedies available to her.
Which legal remedy is available to Phuti?
Actio negatoria
Actio empti
Actio iniuriarum
Actio legis Aquiliae
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Question
1
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Which one of the following statements regarding the delictual element of damage is
correct
?
When damage is caused, this may result in a claim for damages.
The law of delict regulates instances where a person causes damage to their property or body.
“Damage” is the term for compensation in delictual claims.
You can claim damages from yourself.
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2
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Study the following scenario and then answer the question that follows by choosing one of the available options:
Two neighbours, Jane and Phuti, attend church together every week. Jane is in love with Phuti’s husband, Isaac, and she (Jane) hatches a plan to cause a rift between husband andwife. After church one Sunday, Jane asks Phuti about her affair with Pastor Nhlapo’s brother. Phuti is surprised and confused, because she is not having an affair. Jane was purposefullyspeaking so loudly that most of the congregation heard her and are now gossiping about Phuti. Over the next week, Phuti realises that she is no longer respected in the community.Phuti decides that she will no longer put up with Jane’s scheming and she visits an attorney to find out about the legal remedies available to her.
Which delict has been committed on these facts?
Furtum
Iniuria
Damnum iniuria datum
Dolus
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Which one of the following constituted a delict in terms of the Law of the Twelve Tables?
Infecting someone else’s vineyard with a vine disease.
Sending a stampeding herd of cattle through someone else’s vineyard.
Burning down someone else’s vineyard.
Chopping down someone else’s vineyard.
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The case of
Le Roux and others v Dey
2011 (3) SA 274 (CC) concerned the legal development of the law on which one of the following delicts?
Fraud
Iniuria
Theft
Damnum iniuria datum
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Study the following scenario and then answer the question that follows by choosing one of the available options:
David deliberately drives over Gloria’s bag that had fallen off her truck earlier. He pulls over to investigate and finds that the bag is unharmed and that it contains nothing but blankpapers.
Which delictual element is missing on these facts?
Causation
Conduct
Damage
Wrongfulness
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Identify whether the following statement is
true or false
:
Negligence and intent are two of the five elements of a delict.
Select one:
True
False
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7
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The delict
damnum iniuria datum
is another name for which Roman law delict?
Robbery
Insulting behaviour
Theft
Damage to property
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8
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Read the following statements regarding the case of
Le Roux and others v Dey
2011 (3) SA 274 (CC) and identify the statement that is
not
correct:
The case concerned the delict of
iniuria
.
The court applied existing legislation to the facts of this case to ensure a fair and just decision.
The Court based its decision on principles of the Constitution, common law and African indigenous law.
The Court ordered both the payment of R25 000 and an unconditional apology as compensation in this case.
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Which one of the following was
not
a delict under Roman law?
Murder of a free person
Robbery
Insulting behaviour
Damage to property
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Which one of the follow statements regarding
fama
is
not
correct?
A person’s
fama
refers to society’s views of them.
Implying that a person is dishonest would be an example of injuring a person’s
fama
.
The delictual form relevant to
fama
involves damaging a person’s reputation.
Under ancient Roman law a child’s
fama
could not be infringed.
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1:02:48
UNISA
2024
HFL1501-24-S1
Assessment 4
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1
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QUIZ
Read the scenario and then choose your answer from one of the available options below:
Emma agrees to buy a vintage car from Richard if he can produce a valid roadworthy certifi cate within 30 days.
Which best describes the type of contractual clause included in the contract?
Suspensive term
Suspensive condition
Resolutive term
Resolutive condition
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UNISA
2024
HFL1501-24-S1
Assessment 4
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2
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Which one of the following Latin terms refers to the highest form of care required from a contracting party?
Culpa lata
Culpa levis in concreto
Casus fortuitus
Culpa levis in abstracto
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UNISA
2024
HFL1501-24-S1
Assessment 4
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3
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Read the scenario and then choose your answer from one of the available options below:
Billy needs to repair the gearbox of his car. Without a functioning car, he cannot get to work. However, he doesn’t have enoughmoney to pay for the repair costs right now. Last week he bought his mother some pearl earrings for Christmas, which is onlyin three months’ time. Billy decides that repairing the car is more important than having a gift for his mother. He tries to returnthe earrings to the jewellery store, but they refuse to give him a refund. Billy sees a pawnshop across the road from thejewellery store and has an idea. Billie gives the earrings to the clerk in exchange for R3000,00 cash. The clerk tells him that hemay collect the earrings again when he returns the money and the interest due thereon. They further agree that the pawnshopmay sell the earrings if Billy does not repay the money due within nine months.
Which contract has been concluded by the parties?
Loan for consumption
Pledge
Deposit
Donation
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UNISA
2024
HFL1501-24-S1
Assessment 4
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4
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QUIZ
Read the scenario and then choose your answer from one of the available options below:
Jason sells Thandi his red Aprilia motorcycle, of which the odometer indicates 30 000 km. In reality, the bike has 150 000 kmon the clock, but Jason has deliberately turned back the odometer so that it looks as if the bike has only travelled 30 000 km.
Which one of the following best describes the outcome of this contract?
The contract is valid, but Thandi doesn’t have to pay the agreed selling price.
The contract is valid, but Thandi is entitled to have the contract declared void.
The contract is valid; both Jason and Thandi must fulfi l their contractual duties.
The contract is void from the start; neither of the parties has to fulfi l their contractual duties.
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UNISA
2024
HFL1501-24-S1
Assessment 4
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5
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QUIZ
Read the scenario and then choose your answer from one of the available options below:
Romeo plans to ask his girlfriend, Juliet, to marry him. He is planning a very special evening for the occasion. He wants to buyher the most beautiful ring that she has ever seen and has something specifi c in mind that he has been eyeing for weeks. Hevisits the jewellery store, Spectacular Moments, points to a specifi c diamond ring in the window and tells Sam, the salesclerk, that he wants to buy the ring named “Eternity”. The name of the ring design is engraved on the inside of the band. Sam,who wasn’t listening carefully as he was just hanging up the phone after talking to another customer, takes the ring from thewindow display and carefully wraps it for Romeo. Romeo pays for the ring, puts the parcel in his pocket and walks out of theshop, extremely happy with his purchase. On the night that he asks Juliet to marry him, he fi nally removes the ring from thewrapping and notices that although it is the exact ring he wanted, the ring is named “Bliss” and not “Eternity”.
Which one of the following options best describes the factor potentially infl uencing consensus in this scenario?
Error in persona
Dolus
Error in nomine
Metus
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UNISA
2024
HFL1501-24-S1
Assessment 4
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6
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Which of the following best describes how English common-law legal principles infl uenced the concept of good faith in theSouth African law of contract?
English common law principles never had any effect on the South African private law, and therefore had no impact onthe law of contract.
Good faith on the part of all parties remains a requirement for a valid contract in modern South African law.
The requirement of good faith was replaced by the notion of "public policy", which became an underlying principle of thelaw of contract.
English common law abolished the requirement for good faith in contracts.
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UNISA
2024
HFL1501-24-S1
Assessment 4
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7
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Read the scenario and then choose your answer from one of the available options below:
Sally rents a room in Annalize’s house. Sally loves pets, but Annalize is highly allergic to cats. Annalize warns Sally that shewill have to terminate their lease agreement if Sally brings a cat into the house.
Which best describes the type of contractual clause included in the contract?
Suspensive term
Suspensive condition
Resolutive term
Resolutive condition
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1:38:30
UNISA
2024
HFL1501-24-S1
Assessment 4
Question
8
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QUIZ
Identify whether the following statement is
true or false
:
Prior to the enactment of the Consumer Protection Act 68 of 2008,
including a
voetstoots
clause in a contract of sale had theeffect that a seller could not be held liable for any defects found in the object of sale after the agreement had beenconcluded.
True
False
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UNISA
2024
HFL1501-24-S1
Assessment 4
Question
9
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In terms of Justinian’s classifi cation, which one of the following best describes a verbal contract?
A contract that comes about through an agreement plus a written document.
A contract that comes about through an agreement plus the uttering of certain formal words.
A contract that comes about through an agreement plus the delivery of a thing.
A contract that comes about through mere agreement.
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UNISA
2024
HFL1501-24-S1
Assessment 4
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10
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Read the scenario and then choose your answer from one of the available options below:
During the reign of Justinian, Cassius and Brutus concluded a contract of purchase and sale in terms of which Cassius soldsix oxen, two ploughs and a wagon to Brutus. After paying the purchase price and receiving the agreed-upon goods, Brutusdiscovered that the animals were suffering from a lung disease that would cut short their lives and render them unfi t for workand breeding purposes. To make matters worse, Stichus turned up at Brutus’s house and reclaimed the implements thatCassius had sold to Brutus, saying that they were his (Stichus’s) property. Stichus then claimed his implements from Brutuswith the
rei vindicatio
.
Was a valid contract of sale concluded between Cassius and Brutus?
The contract was
void ab initio
, since the seller committed fraud.
Yes, all the requirements for the conclusion of a valid contract of sale were met.
No, the contract of sale was not valid, since the seller was not the owner of all the goods sold.
The contract was only partly valid, since the seller only owned some of the goods.
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UNISA
2024
HFL1501-24-S1
Assessment 3
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1
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Which one of the following statements regarding legal subjects is
not
correct?
Under modern South African law, natural persons, juristic persons and organs of state are all legal subjects.
A legal subject is a person who is bound by the laws that apply to them.
An individual, as legal subject, has certain rights and duties because legal rules apply to them.
Only a natural person may be regarded as a legal subject under modern South African law.
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UNISA
2024
HFL1501-24-S1
Assessment 3
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2
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Which one of the following statements regarding a personal servitude is
not
correct?
A specifi c personal servitude is the right of only one specifi c person.
Because the right created by a servitude relates to property, a servitude creates a real right.
It is possible to have a personal servitude over both movable and immovable things.
A personal servitude creates a personal right.
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UNISA
2024
HFL1501-24-S1
Assessment 3
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3
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QUIZ
Which one of the following things was
not
regarded as a thing outside commerce (
res extra commercium
) under ancientRoman law?
A temple dedicated to Mars, the Roman god of war.
A private road
A beach
A sport stadium
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UNISA
2024
HFL1501-24-S1
Assessment 3
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4
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Which one of the following persons formulated the fi rst and most widely accepted defi nition of “transformativeconstitutionalism”?
André van der Walt
Karl Klare
Raymond Zondo
Pius Langa
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UNISA
2024
HFL1501-24-S1
Assessment 3
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5
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QUIZ
Identify whether the following statement is
true or false
:
According to the narrow defi nition of a “thing”, it is regarded as either a corporeal or an incorporeal object.
Select one:
True
False
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1:47:28
UNISA
2024
HFL1501-24-S1
Assessment 3
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6
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Identify whether the following statement is
true or false
:
Constitutum possessorium
(delivery with the intention to possess forthwith on behalf of the transferee) is an example ofdelivery that relates to the original acquisition of ownership.
Select one:
True
False
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UNISA
2024
HFL1501-24-S1
Assessment 3
Question
7
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QUIZ
Which one of the following rights is a valid example of a right held by an usufructuary?
The right to purchase the fruits produced by another person’s property.
The right to draw water from a source on a neighbour’s property.
The right to drive over the land of another person.
The right of ownership over the fruits of a property over which a usufruct is created.
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1:45:01
UNISA
2024
HFL1501-24-S1
Assessment 3
Question
8
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QUIZ
Which one of the following statements regarding the constitutional transformation and development of the law of property is
not
correct?
Developing the common law regarding the law of property in accordance with the principles of the Constitution is acomplex matter, as it involves the consideration of confl icting rights to property.
South African courts should interpret and develop the common law regarding the law of property in accordance with theprinciples of the Constitution.
From the wording of section 25 of the Constitution, it is clear that the drafters of the Constitution intended that theexpropriation of land should be the only way to improve access to land.
The need to transform South African property law to increase access to land is necessary to undo the current situationof unequal land distribution, which resulted from discriminatory apartheid policies.
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1:41:33
UNISA
2024
HFL1501-24-S1
Assessment 3
Question
9
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Which one of the following is an example of delivery with the short hand (
traditio brevi manu
)?
After Jan had leased and lived in Karen’s house for three years, the parties agree that Jan will purchase the house fromKaren.
Alice buys 25 cows from Happy. Happy points out the cows, which are all together in one kraal.
Katlego purchases milk from the kiosk and the cashier hands it to her after payment.
Tembi buys a vehicle from Mercedes Benz and after the other formalities have been completed, the salesperson handsher the vehicle’s key.
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UNISA
2024
HFL1501-24-S1
Assessment 3
Question
10
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QUIZ
Consider the case discussions of the Constitutional Court decisions provided in the HFL1501 Study Guide. In these decisions,the Court provided guidance on how to interpret and apply the law on housing and eviction. Which one of the followingstatements does
not
represent the views of the Court in these cases?
In matters where the eviction of unlawful occupiers of property is concerned, a court has a duty to weigh the confl ictingrights of parties.
The principles of the Constitution should guide the interpretation of the law of property when determining when evictionorders may be granted.
A person’s home relates to their dignity and is a place of safety; therefore, no eviction order should be granted if suitablealternative accommodation cannot be provided for unlawful occupiers.
Local municipalities should provide housing to all persons in instances of homelessness.
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UNISA
2024
HFL1501-24-S1
Assessment 2
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1
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In which case did the court state that although the indigenous African law principle of
ubuntu-botho
and the Roman-Dutchlegal remedy of
amende honorable
“are expressed in different languages intrinsic to separate legal cultures, they [both] sharethe same underlying philosophy and goal”?
S v Makwanyane
Dikoko v Mokhatla
African National Congress v Congress of the People and others
Harris v Minister of the Interior
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UNISA
2024
HFL1501-24-S1
Assessment 2
Question
2
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In the South African legal system, which court remained the highest court of appeal from 1828 until 1950?
The Privy Council
The Constitutional Court
The
Raad van Justitie
The Appellate Division
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UNISA
2024
HFL1501-24-S1
Assessment 2
Question
3
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QUIZ
Read the following scenario and then answer the question by choosing the correct option:
It is the second century BC. Flavius, a Roman merchant, enters into an agreement with Nikolaus, a Greek potter, to send himtwo hundred fi nely crafted Greek urns. However, when the urns fi nally arrive three months later, Flavius claims that the qualityof the urns is not as agreed. Flavius refuses to accept the shipment and tells Nikolaus that he considers the contract to bevoid. Nikolaus is very distraught as he has travelled far in order to personally deliver the urns to Flavius in Rome; Nikolausneeds to sell the urns to be able to afford the journey home. He decides to take the dispute to court.
Which offi cial will administer justice and determine the civil procedure that the parties should follow in their lawsuit? Chooseyour answer from one of the following options:
The
praetor peregrinus
The
praetor urbanus
The emperor
The
aediles curules
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UNISA
2024
HFL1501-24-S1
Assessment 2
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4
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QUIZ
Which one of the following statements regarding the origins and development of human rights is
NOT
correct?
Natural-law theory in Western legal philosophy played an important role in the development of the idea of fundamental,natural rights.
The natural-law philosophy and the idea of natural, inalienable rights form part of our Roman-Dutch legal heritage.
In
S v Makwanyane
, the Constitutional Court held that the Constitution and the Bill of Rights are deeply rooted in thevalues of the South African community as evidenced in ubuntu.
The idea of human rights is of purely Western origin and forms part of the civil-law heritage.
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The second British Occupation of the Cape took place in 1806. During which century did this event take place?
The sixteenth century
The nineteenth century
The eighteenth century
The seventeenth century
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Which one of the following legal systems is civil-law oriented, in other words, based on Roman law?
Canada
Germany
England
Australia
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Which one of the following is
not
an offi cial source of South African law?
Indigenous African law
The common law
Islamic law
Judicial precedent
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In this module, you have learned about the work of an old Roman-Dutch author that formed the basis of the law of the Zuid-Afrikaansche Republiek. What is the name of this author?
Dionysius van der Keessel
Johannes Voet
Simon van Leeuwen
Johannes van der Linden
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Which one of the following statements regarding the application of indigenous African law is
NOT
correct?
Ethnography and archaeology are two disciplines that are used when researching pre-colonial African history.
Until the 1950s, pre-colonial history in Africa was a much neglected part of historical research.
It appears that the Bantu speakers came to South Africa 1 500 years ago.
Indigenous law has, to some extent, been recorded through legislation and restatement, and is no longer essentially oralin nature.
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10
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Say whether the following statement is
true or false
:
The Sharpeville massacre was followed by intensifi ed race discrimination and political repression.
False
True
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Which one of the following is an example of delivery with the short hand (
traditio brevi manu
)?
Tembi buys a vehicle from Mercedes Benz and after the other formalities have been completed, the salesperson hands her the vehicle’s key.
Alice buys 25 cows from Happy. Happy points out the cows, which are all together in one kraal.
After Jan had leased and lived in Karen’s house for three years, the parties agree that Jan will purchase the house from Karen.
Katlego purchases milk from the kiosk and the cashier hands it to her after payment.
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Which one of the following statements regarding a personal servitude is
not
correct?
Because the right created by a servitude relates to property, a servitude creates a real right.
It is possible to have a personal servitude over both movable and immovable things.
A specific personal servitude is the right of only one specific person.
A personal servitude creates a personal right.
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Which one of the following statements regarding section 26 of the Constitution is
not
correct?
Section 26 prescribes that the state should pass legislation to facilitate access to housing.
Section 26 protects the right to housing and property.
In section 26(1), the Constitution prescribes that everyone has a right to access to adequate housing.
Section 26 prohibits unlawful and arbitrary evictions and determines that a court order is necessary before a dwelling is demolished.
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Which one of the following statements regarding the Constitution is
not
correct?
The three spheres of government indicated in the Constitution are the executive, judicial and legislative authorities.
The Bill of Rights, as contained in the Constitution, only protects the rights of South African citizens and legal residents.
Section 8(1) of the Constitution states that all three spheres of government and organs of state are bound by the Constitution.
The Bill of Rights, as contained in the Constitution, protects the rights of all persons in South Africa.
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Which one of the following statements regarding
acquisitio fructuum
(the acquisition of fruits) is
correct
?
The acquisition of ownership takes place once the fruit separated from the principle thing.
The principle of separation applies to both natural and civil fruits.
A pregnant sheep is both the principle thing and the fruit thereof at the same time.
An apple tree is an example of a principle thing, and an apple hanging from that tree is an example of a fruit.
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Which one of the following statements regarding a
res nullius
(thing owned by nobody) is
correct
?
All things lost by their owners are examples of
res nullius
.
It is possible to become the owner of a res nullius by means of
occupatio
(appropriation) by merely taking possession thereof.
There are three types of
res nullius
.
A wild bird is an example of a
res nullius
.
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Which one of the following fundamental rights contained in the Bill of Rights does
not
directly relate to the need to facilitate equal access to land in South Africa?
The right to freedom of movement and residence.
The right to housing.
The right to equality.
The right to human dignity.
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Identify whether the following statement is
true or false
:
Constitutum possessorium
(delivery with the intention to possess forthwith on behalf of the transferee) is an example of delivery that relates to the original acquisition of ownership.
Select one:
True
False
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Which one of the following statements regarding
specificatio
(the creation of a new thing from existing material) is
not
correct?
Specificatio
is an example of an original mode of acquisition of ownership.
According to Justinian’s codification of Roman law, Cicero had no legal remedy (right to claim compensation) where Servus painted a portrait using both his own and Cicero’spaints, because Servus became the owner of the portrait he had painted.
According to Justinian’s codification of Roman law, the maker of a bread became the owner thereof, even if the flour of another person was used.
Under Roman law a person became the owner of a new thing they had made if it consisted of materials belonging to both the maker and another person.
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Identify whether the following statement is
true or false
:
The real right of possession requires physical and factual control over a corporeal thing.
Select one:
True
False
Content preview
HFL1501
Assignment 5 (QUIZ) Semester 1 2024
Unique Number:
Due Date: 2 May 2024
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