CLA1501 ASSIGNMENT 2 FOR 2024

Question 1 Not yet answered Marked out of 1.00 Flag question Question text A modus allows Abednego to demand immediate delivery of a vehicle which was unconditionally donated to him by his father subject 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 Question 2 Not yet answered Marked out of 1.00 Flag question Question text The parol evidence rule does not preclude a contracting party from producing evidence proving that a contract is null or voidable. a. TRUE b. FALSE Question 3 Not yet answered Marked out of 1.00 Flag question Question text A condition is a contractual term that renders the operation and consequences of the contract dependent on the occurrence or non-occurrence of an unspecified and certain future event. a. TRUE b. FALSE Marlvin @ Question 4 Not yet answered Marked out of 1.00 Flag question Question text A partnership agreement aimed at operating a brothel is still valid. a. TRUE b. FALSE Question 5 Not yet answered Marked out of 1.00 Flag question Question text Liability for breach of contract is limited to losses that were foreseeable at the time the contract was concluded. a. TRUE b. FALSE Question 6 Not yet answered Marked out of 1.00 Flag question Question text An example of a resolutive condition is if James is awarded a full scholarship, which will be paid annually, to study towards a BCompt in Financial Accounting degree at UNISA provided that he obtains 65% on all his accounting modules. a. TRUE b. FALSE Marlvin @ Question 7 Not yet answered Marked out of 1.00 Flag question Question text Saul is a student who also works as a waiter. He wants to obtain a student loan from Usurer Bank to pay for his tuition fees. His brother verbally agrees to act as a surety for the student loan in the event that Saul defaults on his loan obligations. The agreement concluded is valid. a. TRUE b. FALSE Question 8 Not yet answered Marked out of 1.00 Flag question Question text As formalities are generally not required by law, failure to accept an offer in writing will not result in an invalid contract even if the offeror specifically required that the acceptance of the offer be in writing. a. TRUE b. FALSE Question 9 Not yet answered Marked out of 1.00 Flag question Question text 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 agreement conditional upon the textbook being a 9th edition version is indicative of a supposition. a. TRUE Marlvin @ b. FALSE Question 10 Not yet answered Marked out of 1.00 Flag question Question text Company A is an event management company. Company B contracts Company A to organize a corporate gala. The event is poorly executed due to Company A’s negligence. The poor execution of the event causes a popular speaker to decide against attending future events hosted by Company B. The popular speaker’s attendance of Company B’s events has consistently attracted a large paying audience and his absence will likely lead to a reduction in future revenue. Company A can be held liable for future losses suffered by Company B. a. TRUE b. FALSE Question 11 Not yet answered Marked out of 1.00 Flag question Question text 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. Question 12 Not yet answered Marked out of 1.00 Marlvin @ Flag question Question text Which ONE of the following statements regarding praedial servitudes is CORRECT? a. Praedial servitudes confer on a person in his or her capacity as owner of an adjacent property, a limited right to the property of another. b. Praedial servitudes confer on the holder in his or her personal capacity, the right of use and enjoyment of property of which another is the owner. c. Praedial servitudes confer on the holder, in his or her capacity as owner of an adjacent property, a limited right to the property of another. d. Praedial servitudes confer on the holder in his or her personal capacity as well as capacity as owner of an adjacent property, a limited right to the property of another. Question 13 Not yet answered Marked out of 1.00 Flag question Question text Itumeleng is very excited as he has just heard that he has won a new Land Rover. He phones Shadrack and tells him the good news. Itumeleng offers to give his old Land Rover to Shadrack, who gladly accepts the offer. They agree that Itumeleng will deliver the old Land Rover to Shadrack once he has received his new Land Rover.Which ONE of the following statements REGARDING THE VALIDITY OF THE AGREEMENT between Itumeleng and Shadrack is CORRECT? a. A valid contract has been concluded. b. The agreement between them is not a contract, because no price has been specified. c. A valid contract will only arise once Itumeleng has received his new Land Rover. d. The agreement is void because it is not contained in a written document. Marlvin @ Question 14 Not yet answered Marked out of 1.00 Flag question Question text The transfer of the right from the cedent to the cessionary has several consequences.Which ONE of the following statements REGARDING 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 benefits and privileges such as security or interest. Time left 1:47:00 Question 15 Not yet answered Marked out of 1.00 Flag question Question text An order for specific performance is a court order which ____________________. a. prevents a party from doing something that is contrary to the terms of the contract. b. allows a party to a contract to withhold his or her performance until the other contracting party has performed in terms of the contract. c. orders a party to a contract to render the performance he or she undertook to render in that contract. d. orders a party to render defective performance. Marlvin @ Question 16 Not yet answered Marked out of 1.00 Flag question Question text 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 profits, royalties, or any similar consideration payable in respect of the right to mine minerals or other substances is 25 years. Question 17 Not yet answered Marked out of 1.00 Flag question Question text Which ONE of the following statements concerning transfer and termination of personal rights is CORRECT? a. Release or “waiver” as it is often called is an agreement between the creditor and the debtor in terms of which the old obligation between them is extinguished and a new obligation is created in its place. b. Novation is an agreement between the creditor and the debtor in terms of which the creditor releases the debtor from his or her contractual obligations. c. Delegation takes place when a person becomes both creditor and debtor in respect of the same obligation. d. Marlvin @ Settlement also called “compromise” is an agreement by which the parties settle a dispute between them about an actual or supposed obligation. Question 18 Not yet answered Marked out of 1.00 Flag question Question text Which ONE of the following statements is NOT one of the requirements that the plaintiff must prove before the court will grant 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 granting of such an order. c. What the reduced contract price should be, that is, the contract price less the amount required to bring the performance up to the required standard. d. The defendant is not using the defective performance. Time left 1:43:50 Question 19 Not yet answered Marked out of 1.00 Flag question Question text Themba and Kwena conclude a contract of sale for property 25 Meerhof Gardens, which belongs to Kwena. Their contract stipulates that Themba must pay an amount of R50 000 as deposit on the purchase price within two days of Kwena’s acceptance of the offer. The money must be paid into Kwena’s bank account, and Kwena must provide Themba with the name of his bank, the account number and the branch code. Four days after Kwena has accepted Themba’s offer, Kwena still has not provided the required information to Themba.Which ONE of the following statements is CORRECT? a. Themba has committed breach of contract in the form of mora debitoris, as he has not paid the deposit. b. Marlvin @ Kwena has committed breach of contract in the form of mora creditoris, as he has neglected to give his co-operation to enable Themba to fulfil his obligation with regard to the deposit. c. As Themba spent the R50 000 before he received the necessary information from Kwena, supervening impossibility of performance has occurred, and their contract is terminated. d. Kwena is entitled to cancel the contract if he has given Themba notice of intention to cancel the contract and a reasonable time to comply with his obligation to pay the deposit. Question 20 Not yet answered Marked out of 1.00 Flag question Question text Which ONE of the following statements is CORRECT? a. Wendy, a seven-year-old girl, inherits a very valuable diamond ring from her grandmother. Peter, Wendy's father, sells the ring to Sandy for R20 000, while its actual value is R90 000. Wendy will never be able to remedy this detrimental contract. b. Mr John agrees with his best friend, Mr Zwane, that his seventeen-year-old daughter, Beauty, will marry Mr Zwane. Beauty refuses to marry Mr Zwane because she wants to study medicine at the Medical University of South Africa. The marriage nevertheless takes place without her consent, because arranged marriages are part of her culture. The marriage is valid. c. John, a thirteen-year-old boy, undergoes an HIV test without his guardian's consent. John is able to do so lawfully. d. Thomas, an almost seven-year-old-boy has limited capacity to act. He sells his bicycle to Mrs Dube, a 43-year-old woman from Durban.