CLA1501 - ASSESSMENT 1 - QUESTIONS AND ANSWERS - SEMESTER 2 - 2024

2024 – S1 – CLA1501 – ASSESSMENT 1 – Q&A 1 Assessment 1 Started on Sunday, 3 March 2024, State Finished Completed on Sunday, 3 March 2024, Time taken Marks 20.00/20.00 Grade 100.00 out of 100.00 Question 1 The operation of the doctrine of stare decisis explains how courts are able to create law. As a result of the stare decisis -rule, judgments of superior courts are the most important sources of law. An obiter dictum is binding on other courts in the hierarchy of courts. a. TRUE b. FALSE Feedback The correct answer is: FALSE Question 2 Joel owes Jack an amount of R70 000. Joel and Jack enter into an agreement in terms of which Jack will cancel 30% of the debt if Joel agrees to sponsor Jack’s visit to the “Blue House” brothel. Joel and Jack’s contract is lawful because they have reached c onsensus. a. TRUE b. FALSE Feedback 2024 – S1 – CLA1501 – ASSESSMENT 1 – Q&A 2 The correct answer is: FALSE Question 3 Jeffrey and Joel decide to run a brothel and draw up an agreement on how they will divide the profits. A valid contract comes into existence. a. TRUE b. FALSE Feedback The correct answer is: FALSE Question 4 Contracts in restraint of trade are in principle invalid and unenforceable, because a person's freedom to compete in the employment market is restrained and it is therefore contrary to public policy. a. TRUE b. FALSE Feedback The correct answer is: FALSE Question 5 Constitutional supremacy means that the Constitution is the highest law of the country and any law which is contrary to its provisions may be declared invalid. a. TRUE b. FALSE Feedback 2024 – S1 – CLA1501 – ASSESSMENT 1 – Q&A 3 The correct answer is: TRUE Question 6 Belinda helped Alex to move her furniture. Belinda was injured during the move due to Alex’s negligence. Belinda’s left leg was injured and she suffered both physical injuries and patrimonial damage. She claimed her damage from Alex. Alex offered to pay R2 500 in full as final settlement of Belinda’s claim. Belinda refused and expressly stated that she would only accept Richard’s offer of R3 000.Hiwever, Alex refused to increase the offer. Belinda can accept the original offer after her request for an increased offer was rejected. a. TRUE b. FALSE Feedback The correct answer is: FALSE Question 7 The Sheriff is responsible for the issue of process, the enrolment of cases, the maintenance of records and the issuing of orders of the High Court? a. TRUE b. FALSE Feedback The correct answer is: FALSE Question 8 If 2 minors get married before they attained 18 years of age, they both attain the age of majority as a result of having concluded a valid marriage. After the divorce both parties remain majors. 2024 – S1 – CLA1501 – ASSESSMENT 1 – Q&A 4 a. TRUE b. FALSE Feedback The correct answer is: TRUE Question 9 Musa and Lihle married out of community of property on 1 November 1999. Musa and Lihle are jointly and severally liable to third parties for debts incurred for necessaries for the common household. a. TRUE b. FALSE Feedback The correct answer is: TRUE Question 10 Roman – Dutch Law was compiled/codified during the reign of the Emperor Justinian. a. TRUE b. FALSE Feedback The correct answer is: FALSE