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

2024 – S1 – CLA1501 – ASSESSMENT 2 – Q&A 1 Assessment 2 Started on Wednesday, 20 March 2024, State Finished Completed on Wednesday, 20 March 2024, Time taken Marks 20.00/20.00 Grade 100.00 out of 100.00 Question 1 Before their marriage, Nkomi and Thabang concluded an antenuptial contract which they chose not to register. After five years, Nkomi institutes divorce proceedings against Thabang, arguing that their marriage has broken down irretrievably due to an assortment of reasons including Tha bang’s financial profligacy. Thabang wishes to claim a division of estate including the assets belonging to Nkomi. Indicate whether Thabang’s statement that he is entitled to a share of Nkomi’s estate since their antenuptial contract was not registered is true or false. a. TRUE b. FALSE Feedback The correct answer is: FALSE Question 2 Maggie can sue Kwena for specific performance if Kwena agreed to sell a part of the Atlantic Ocean near Kleinsee to her. a. TRUE b. FALSE Feedback 2024 – S1 – CLA1501 – ASSESSMENT 2 – Q&A 2 The correct answer is: FALSE Question 3 An agreement between A and B requiring B to paint improper graffiti on the walls of C’s house and which reduces its value (C’s patrimony) is void. a. TRUE b. FALSE Feedback The correct answer is: TRUE Question 4 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 c onsistently 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 Feedback The correct answer is: FALSE Question 5 The following term is an example of a suspensive time clause: “The Supplier agrees to deliver the material to the designated premises of the Purchaser on 6 October 2024 at 8:00 AM”. 2024 – S1 – CLA1501 – ASSESSMENT 2 – Q&A 3 a. TRUE b. FALSE Feedback The correct answer is: TRUE Question 6 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 Feedback The correct answer is: FALSE Question 7 Nkomi and Thabang are married in a civil union concluded in accordance with the Civil Unions Act. Before their marriage, Nkomi and Thabang agreed that none of their assets will form part of their joint marital estate. However, they decided not to register the c ontract as required by statute. Several years into their marriage, Thabang defaulted on a loan he took from Unity Bank to purchase a car for his business. Unity Bank then obtained a writ of execution against Nkomi and Thabang’s joint estate. Indicate wheth er Nkomi’s claim that Unity Bank can only execute against Thabang’s estate as they are married out of community of property is true or false. a. TRUE b. FALSE Feedback 2024 – S1 – CLA1501 – ASSESSMENT 2 – Q&A 4 The correct answer is: FALSE Question 8 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 Feedback The correct answer is: TRUE Question 9 A partnership agreement aimed at operating a brothel is still valid. a. TRUE b. FALSE Feedback The correct answer is: FALSE Question 10 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 Feedback