LPL4805 - Combined Tut201 Letters
(2010-2021)
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LpL4805
Assignment
Solutions
2010-2021
Lecture Feedback
Questions & Answers
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LPL4805/201
Dear Student
In this tutorial letter, we provide you with the memoranda for the two compulsory assignments
and the suggested answers to the self-assessment assignment.
IMPORTANT NOTICE
Check timeously that you are eligible to write the examination, in other words, that the
University has received and assessed your compulsory assignments and that your marks
have been recorded.
MEMORANDUM FOR FIRST COMPULSORY ASSIGNMENT 01
QUESTION
B receives a large cheque as payment from one of his clients, but the bank dishonours the
cheque. In order to get a liquid claim immediately, B instructs X, his notary, to assist him
(B) with the necessary legal processes. Explain to B what legal processes his notary has
to follow in order to secure the liquid claim. Explain to B what the processes mean and
their importance. (10)
Suggested answer:
When a bill is dishonoured by non-acceptance or non-payment, the holder of the bill must
approach a notary to note and protest this state of affairs. The notary's initial task is to present
the bill once again. If the bill is again dishonoured, the notary drafts a short report or noting slip in
which he or she notes the dishonour in writing. The noting slip is therefore a short note in which
the notary factually confirms the presentment of the bill and the reaction to the presentment. It
would be advisable for the notary to initial the bill and identify it with a number in the protocol
register, referring to where the copy of the bill and the duplicate original noting slip is filed.
Thereafter, the notary will prepare a protest which is the formal written report by a notary in which
he or she states that the bill was dishonoured, and that the holder intends to claim the amount of
the bill together with all the costs that he or she had to incur in respect thereof.
2
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LPL4805/201
The purpose of notarial noting and protest is to create authentic evidence that a negotiable
instrument was duly presented (for acceptance or payment), and that it was dishonoured after
presentment. When a notarial noting and protest is drafted by a notary, this is prima facie evidence
of the facts contained therein, and it may not be contested in preliminary trial proceedings. It may
only be contested at the main trial.
Study unit 7 (10)
MEMORANDUM FOR SECOND COMPULSORY ASSIGNMENT – SEMESTER TWO
Choose the correct answer:
1. Felicia and her partner agreed in principle that they would marry out of community
of property. On the morning of the wedding, they are informed that their antenuptial
contract must be entered into or executed before the marriage is solemnised. The
wedding is scheduled to take place at 15:00. Is it possible for the couple to enter
into and execute a valid antenuptial contract on their wedding day?
1) It is never a good idea for a couple to enter into an antenuptial contract on the day of
their marriage.
2) An antenuptial contract may be entered into or executed on the day of the
solemnisation of the marriage, as long as it is done before the marriage is solemnised.
3) An antenuptial contract may be entered into or executed on the day of the
solemnisation of the marriage, as long as the court authorises the contract.
4) An antenuptial contract may be entered into or executed on the day of the marriage if
the marriage officer allows it.
The correct answer in this case is (2).
2. Which one of the following statements describes the right that a servitude holder
has over someone’s property that entitles the holder of the right to enjoy the fruits
of the property?
3
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(2010-2021)
written by
StuddyScene
www.stuvia.com
Downloaded by: mohamedebrahim |
Distribution of this document is illegal
, Stuvia.com - The study-notes marketplace
LpL4805
Assignment
Solutions
2010-2021
Lecture Feedback
Questions & Answers
Downloaded by: mohamedebrahim |
Distribution of this document is illegal
, Stuvia.com - The study-notes marketplace
LPL4805/201
Dear Student
In this tutorial letter, we provide you with the memoranda for the two compulsory assignments
and the suggested answers to the self-assessment assignment.
IMPORTANT NOTICE
Check timeously that you are eligible to write the examination, in other words, that the
University has received and assessed your compulsory assignments and that your marks
have been recorded.
MEMORANDUM FOR FIRST COMPULSORY ASSIGNMENT 01
QUESTION
B receives a large cheque as payment from one of his clients, but the bank dishonours the
cheque. In order to get a liquid claim immediately, B instructs X, his notary, to assist him
(B) with the necessary legal processes. Explain to B what legal processes his notary has
to follow in order to secure the liquid claim. Explain to B what the processes mean and
their importance. (10)
Suggested answer:
When a bill is dishonoured by non-acceptance or non-payment, the holder of the bill must
approach a notary to note and protest this state of affairs. The notary's initial task is to present
the bill once again. If the bill is again dishonoured, the notary drafts a short report or noting slip in
which he or she notes the dishonour in writing. The noting slip is therefore a short note in which
the notary factually confirms the presentment of the bill and the reaction to the presentment. It
would be advisable for the notary to initial the bill and identify it with a number in the protocol
register, referring to where the copy of the bill and the duplicate original noting slip is filed.
Thereafter, the notary will prepare a protest which is the formal written report by a notary in which
he or she states that the bill was dishonoured, and that the holder intends to claim the amount of
the bill together with all the costs that he or she had to incur in respect thereof.
2
mohamedebrahim ||
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LPL4805/201
The purpose of notarial noting and protest is to create authentic evidence that a negotiable
instrument was duly presented (for acceptance or payment), and that it was dishonoured after
presentment. When a notarial noting and protest is drafted by a notary, this is prima facie evidence
of the facts contained therein, and it may not be contested in preliminary trial proceedings. It may
only be contested at the main trial.
Study unit 7 (10)
MEMORANDUM FOR SECOND COMPULSORY ASSIGNMENT – SEMESTER TWO
Choose the correct answer:
1. Felicia and her partner agreed in principle that they would marry out of community
of property. On the morning of the wedding, they are informed that their antenuptial
contract must be entered into or executed before the marriage is solemnised. The
wedding is scheduled to take place at 15:00. Is it possible for the couple to enter
into and execute a valid antenuptial contract on their wedding day?
1) It is never a good idea for a couple to enter into an antenuptial contract on the day of
their marriage.
2) An antenuptial contract may be entered into or executed on the day of the
solemnisation of the marriage, as long as it is done before the marriage is solemnised.
3) An antenuptial contract may be entered into or executed on the day of the
solemnisation of the marriage, as long as the court authorises the contract.
4) An antenuptial contract may be entered into or executed on the day of the marriage if
the marriage officer allows it.
The correct answer in this case is (2).
2. Which one of the following statements describes the right that a servitude holder
has over someone’s property that entitles the holder of the right to enjoy the fruits
of the property?
3
mohamedebrahim ||
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