UNIVERSITY EXAMINATIONS
May/June 2020
PVL3702
Law of Contract
100 Marks
2 Hours
This paper consists of 19 pages.
Instructions:
1. The examination consists of Multiple-Choice Question types only.
2. The examination question paper counts 100 marks and consists of 50 Multiple-Choice
Questions each worth 2 marks. Answer all of the questions.
3. The duration of the examination is 2 hours. You will be allowed a further thirty (30) minutes
after the conclusion of the official examination period to upload your examination
responses (answers) onto the myUnisa platform for further processing.
4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person or any source in order to assist you to answer any of the
questions contained in this question paper. You may also not assist another student in
answering any of the questions contained in this question paper.
5. The answers to this MCQ examination may only be submitted online on myUnisa. The Unisa
MCQ App cannot be used for examination submissions.
5.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and
myUnisa password.
5.2 Click on the “myAdmin” tab in the top navigation.
5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list
• A list of all available assessments will display
• Find the corresponding examination assessment number for your module
• Click on the Submit link in the Action column and follow the steps described below.
Step 1: Enter the total number of questions required for the assessment.
• Enter the total number of questions for your assessment in the Number of
Questions field
• Click on the Continue button.
Step 2: Fill out multiple-choice question answers
The number of questions requested in the previous step will now be displayed with five
answer options next to each one. Please note that each row represents a question in your
assignment.
, CONFIDENTIAL
Page 2 of 19 PVL3702
May/June 2020
• Click on the radio button [the small circle] that corresponds to your answer for that
question.
• Click on the Continue button to move to step 3.
• If you want to restart the assignment, click on Clear Form to remove all your
selections and start from new.
Step 3: Verify the answers to your multiple-choice assignment
This screen presents a summary of all your answers. Use it as a final check.
• Click on the Continue button to submit your assignment. If you do not click Continue,
no submission action will take place.
• If you want to redo the answers to the assignment, click Back to go back to the
previous step.
Step 4: Assessment submission report
This is your proof that your examination answers were successfully submitted. If you
do not see this screen, Unisa has not received your submission.
It is advisable to print this page or make a screen capture for record purposes. A copy of this
page will also be emailed to your myLife email account.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent and
automatically deferred to the October/November 2020 examination. No other type of submission of
your examination answers will be accepted.
Note: Answer ALL the questions.
WHERE APPLICABLE, CHOOSE THE MOST CORRECT ANSWER.
Do not apply the Consumer Protection Act 68 of 2008 to any of the questions.
QUESTION 1
A sues B based on a contract, which B denies exists. Which statement is INCORRECT?
1 Where prima facie proof exists that B agreed to the terms of an agreement, the evidentiary burden
then shifts to B to show that despite this, consensus was not reached between the parties.
2 The contract can be proved through consensus.
3 The contract cannot be proved, based on reasonable reliance on the appearance of consensus.
4 In the pursuit to prove that the contract was concluded, a subjective state of mind can be proved with
objective evidence. (2)
The onus of proving the existence of a contract rests on the person who alleges that the contract exists.
The onus can be discharged by adducing evidence of either consensus or reasonable reliance on the
appearance of consensus. The fact that a party must inevitably rely on objective evidence to prove a
subjective state of mind does not mean that the approach to contract must inevitably be an objective one.
If A sues B on a contract and B denies the existence. If there is prima facie proof = the evidentiary burden
then shifts to B to show that, despite the objective appearance of agreement, no consensus was reached.
The evidentiary burden will rest on B to prove that A's belief in the existence of consensus was unreasonable
in the circumstances.
May/June 2020
PVL3702
Law of Contract
100 Marks
2 Hours
This paper consists of 19 pages.
Instructions:
1. The examination consists of Multiple-Choice Question types only.
2. The examination question paper counts 100 marks and consists of 50 Multiple-Choice
Questions each worth 2 marks. Answer all of the questions.
3. The duration of the examination is 2 hours. You will be allowed a further thirty (30) minutes
after the conclusion of the official examination period to upload your examination
responses (answers) onto the myUnisa platform for further processing.
4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person or any source in order to assist you to answer any of the
questions contained in this question paper. You may also not assist another student in
answering any of the questions contained in this question paper.
5. The answers to this MCQ examination may only be submitted online on myUnisa. The Unisa
MCQ App cannot be used for examination submissions.
5.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number and
myUnisa password.
5.2 Click on the “myAdmin” tab in the top navigation.
5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down list
• A list of all available assessments will display
• Find the corresponding examination assessment number for your module
• Click on the Submit link in the Action column and follow the steps described below.
Step 1: Enter the total number of questions required for the assessment.
• Enter the total number of questions for your assessment in the Number of
Questions field
• Click on the Continue button.
Step 2: Fill out multiple-choice question answers
The number of questions requested in the previous step will now be displayed with five
answer options next to each one. Please note that each row represents a question in your
assignment.
, CONFIDENTIAL
Page 2 of 19 PVL3702
May/June 2020
• Click on the radio button [the small circle] that corresponds to your answer for that
question.
• Click on the Continue button to move to step 3.
• If you want to restart the assignment, click on Clear Form to remove all your
selections and start from new.
Step 3: Verify the answers to your multiple-choice assignment
This screen presents a summary of all your answers. Use it as a final check.
• Click on the Continue button to submit your assignment. If you do not click Continue,
no submission action will take place.
• If you want to redo the answers to the assignment, click Back to go back to the
previous step.
Step 4: Assessment submission report
This is your proof that your examination answers were successfully submitted. If you
do not see this screen, Unisa has not received your submission.
It is advisable to print this page or make a screen capture for record purposes. A copy of this
page will also be emailed to your myLife email account.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent and
automatically deferred to the October/November 2020 examination. No other type of submission of
your examination answers will be accepted.
Note: Answer ALL the questions.
WHERE APPLICABLE, CHOOSE THE MOST CORRECT ANSWER.
Do not apply the Consumer Protection Act 68 of 2008 to any of the questions.
QUESTION 1
A sues B based on a contract, which B denies exists. Which statement is INCORRECT?
1 Where prima facie proof exists that B agreed to the terms of an agreement, the evidentiary burden
then shifts to B to show that despite this, consensus was not reached between the parties.
2 The contract can be proved through consensus.
3 The contract cannot be proved, based on reasonable reliance on the appearance of consensus.
4 In the pursuit to prove that the contract was concluded, a subjective state of mind can be proved with
objective evidence. (2)
The onus of proving the existence of a contract rests on the person who alleges that the contract exists.
The onus can be discharged by adducing evidence of either consensus or reasonable reliance on the
appearance of consensus. The fact that a party must inevitably rely on objective evidence to prove a
subjective state of mind does not mean that the approach to contract must inevitably be an objective one.
If A sues B on a contract and B denies the existence. If there is prima facie proof = the evidentiary burden
then shifts to B to show that, despite the objective appearance of agreement, no consensus was reached.
The evidentiary burden will rest on B to prove that A's belief in the existence of consensus was unreasonable
in the circumstances.
