CLA1503 Assignment 1 (DETAILED ANSWERS) Semester 1 2024

CLA1503 Assignment 1 (DETAILED ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references...... Question 1 Not yet answered Marked out of 1.00 Question 2 Not yet answered Marked out of 1.00 QUIZ Which ONE of the following is the supreme law of South Africa? 1. English law 2. Roman Dutch law 3. statute law 4. the Constitution At a public meeting of a resident association the chair of the meeting calls Samuel a slumlord. The chair of the meetingconfused Samuel with Samantha. Highly embarrassed by this statement Samuel wishes to sue the chairperson. Which of Samuel’s rights has the chairperson infringed? 1. a personality right 2. a personal right 3. a real right 4. an intellectual property right UNISA  2024  CLA1503-24-S1  Welcome Message  Assessment 1 Question 3 Not yet answered Marked out of 1.00 Question 4 Not yet answered Marked out of 1.00 QUIZ Which ONE of the following statements is CORRECT ? 1. A contract cannot be entered into by more than two parties. 2. An agreement is a particular type of contract. 3. An agreement is a source of legal obligations. 4. A contract creates legally enforceable obligations. Mosepe and Shawn entered into an oral contract. Mosepe is a builder and wanted a van to transport building material andwas under the impression that they had entered into a contract of sale for a van. Shawn however was under the impressionthat a contract of lease for the van had been concluded. Mosepe approaches you for advice regarding the validity of thecontract. Which ONE of the following statements is CORRECT ? 1. The contract is valid because both Mosepe and Shawn had the intention to be contractually bound. 2. The contract is void because there was no consensus between Mosepe and Shawn. 3. The contract is voidable because the parties can rectify the contract. 4. The contract is valid in all material respects because there was offer and acceptance. UNISA  2024  CLA1503-24-S1  Welcome Message  Assessment 1 Question 5 Not yet answered Marked out of 1.00 Question 6 Not yet answered Marked out of 1.00 QUIZ Mpho visits a dating site regularly. He meets Celine on the dating site, and they arrange to meet each other at the local Wimpyfor lunch at 12h00 the next day. Which ONE of the following statements is CORRECT ? 1. A contract arises as consensus exists. 2. No contract arises as Phillemon and Celine have no intention to be legally bound. 3. A contract has come about as a common intention exists and it has been made known to the other party. 4. No contract arises as nothing was put in writing. Lucy inherited her late grandmother’s sewing machine worth R30 000. Lucy lives with her parents in a cottage that they renton a smallholding. Lucy is sixteen years’ old. Lucy loves designer shoes and intends to sell the sewing machine to buydesigner shoes. Which ONE of the following statements is CORRECT ? 1. Lucy needs her parents' assistance to sell the sewing machine because she is a minor. 2. Lucy does not need her parents' assistance to sell the sewing machine because she inherited it. 3. Lucy does not need her parents' assistance to sell the sewing machine because she reached majority at the age offourteen. 4. Lucy needs her parents' assistance to sell the sewing machine because the value of the sewing machine is morethan R25 000. UNISA  2024  CLA1503-24-S1  Welcome Message  Assessment 1 Question 7 Not yet answered Marked out of 1.00 Question 8 Not yet answered Marked out of 1.00 QUIZ Chapter 6: Possibility Winnie works at the local Traffi c Department. Winnie sells driver’s licences to the public illegally. Nigel pays the agreedpurchase price of R500 in cash to Winnie. Subsequently Winnie refuses to deliver a driver’s licence to Nigel. Which ONE of the following statements is CORRECT ? 1. Nigel can claim delivery of the driver’s licence from Winnie on the basis of the contract which arose between them. 2. Nigel can reclaim the purchase price from Winnie on the ground of unjustifi ed enrichment. 3. The contract between Winnie and Nigel is void due to legal impossibility. 4. The contract between Nigel and Winnie will be voidable on the grounds of duress. At a local bar Phineas and Joseph agree that Joseph will buy Phineas’ house in the forest for R300 000. They use theserviette on the table and Phineas writes a contract of sale on the serviette, and Phineas and Joseph date and then sign it. Which ONE of the following statements is CORRECT ? 1. A valid contract for the alienation of land was concluded since no formalities are required for the alienation of land. 2. A valid contract for the alienation of land was concluded since the contract was in writing and signed by the partiesto it. 3. No valid contract for the alienation of land was concluded since the required formalities for the alienation of landwere not complied with. 4. No valid contract for the alienation of land was concluded and the parties will have special enrichment actionsagainst each other because of non-compliance with the prescribed formalities. UNISA  2024  CLA1503-24-S1  Welcome Message  Assessment 1 Question 9 Not yet answered Marked out of 1.00 Question 10 Not yet answered Marked out of 1.00 QUIZ Steven makes a written offer to buy Fanie’s Motorbike on condition that Steven obtains a loan from Fast Bank for the amountof R60 000 within three weeks. Fanie accepts the offer by Steven. Which ONE of the following statements is CORRECT ? 1. No binding contractual relationship has come into being between Steven and Fanie. 2. If Steven does not obtain the loan within three weeks, the contractual obligations are terminated. 3. The contractual obligations come into operation on acceptance of the offer by Fanie. 4. Fanie can withdraw from the contract if, after a week, it appears that Steven’s chances of obtaining the loan areremote. Christo and Patrick enter into a contract in terms of which Patrick has to deliver six bottles of honey to Christo. Christo hasalready paid the purchase price. Patrick now indicates that he does not intend to perform in terms of the contract and wouldrather give the honey to his girlfriend, Patricia. Which ONE of the following types of breach of contract has Patrick committed? 1. Repudiation 2. Mora debitoris 3. Positive malperformance 4. Prevention of performance