HFL1501 ASSIGNMENT 02 2020/2021
QUESTION 1: Learning unit 1
In South Africa, transformation through law is guided by the Constitution. Why do
you think is it important that our legal system be focused on transformation?
QUESTION 2: Learning unit 2
2.1 Explain the difference between ownership and possession.
2.2 Discuss the nemo plus iuris rule in your own words.
2.3 Why do you think the Constitution protects the rights of unlawful occupiers of
land? Consider relevant historical factors and applicable fundamental rights in your
answer.
QUESTION 3: Learning unit 3
3.1 Study the following scenarios carefully and answer the questions that follow:
3.1.1 Sarah sells her cell phone to Tebogo. She lies and tells him that the cell phone
is almost new and has only been used once or twice, while it is in fact eleven months
old and has been used consistently throughout that period.
(a) Which factor in this transaction may influence consensus between Sarah and
Tebogo?
(b) What influence does this factor have on the validity of the agreement between
Sarah and Tebogo?
3.1.2 Fran and Pamela enter into an agreement. Fran is under the impression that
she is selling her house to Pamela, but Pamela thinks that she is renting
Fran’s house.
(a) Which factor in this transaction may influence consensus between Fran and
Pamela?
(b) What influence does this factor have on the validity of the agreement between
Fran and Pamela?
3.2 Do you think good faith should be a requirement for a valid legal contract in
South Africa? Provide reasons for your answer.
QUESTION 4: Learning unit 4
Indicate whether the following statements are true or false. Write only the correct
option as your answer (eg, “4.5 True”):
, 4.1 In the case of Nkala and others v Harmony Gold Mining Co Ltd and others [2016]
ZAGPJHC 97, the applicants instituted a class-action law suit against the
respondents.
4.2 In AD 502, Tertia sees her irreplaceable painting hanging on the wall of her
neighbour’s (Octavus’) house two months after the painting had been
stolen out of Tertia’s house. Upon confrontation, Octavus admits to
stealing the painting. Tertia can institute both the rei vindicatio and the actio furti
nec manifesti against Octavus. (1)
4.3 Barney and Santie are sitting next to each other in a restaurant. Barney had too
much to drink and places Santie’s wallet in his pocket whilst thinking that it
is his own wallet. Santie could succeed with a charge of theft against Barney. (1)
4.4 In terms of Roman legal principles, theft did not qualify as a crime..
QUESTION 1: Learning unit 1
In South Africa, transformation through law is guided by the Constitution. Why do
you think is it important that our legal system be focused on transformation?
QUESTION 2: Learning unit 2
2.1 Explain the difference between ownership and possession.
2.2 Discuss the nemo plus iuris rule in your own words.
2.3 Why do you think the Constitution protects the rights of unlawful occupiers of
land? Consider relevant historical factors and applicable fundamental rights in your
answer.
QUESTION 3: Learning unit 3
3.1 Study the following scenarios carefully and answer the questions that follow:
3.1.1 Sarah sells her cell phone to Tebogo. She lies and tells him that the cell phone
is almost new and has only been used once or twice, while it is in fact eleven months
old and has been used consistently throughout that period.
(a) Which factor in this transaction may influence consensus between Sarah and
Tebogo?
(b) What influence does this factor have on the validity of the agreement between
Sarah and Tebogo?
3.1.2 Fran and Pamela enter into an agreement. Fran is under the impression that
she is selling her house to Pamela, but Pamela thinks that she is renting
Fran’s house.
(a) Which factor in this transaction may influence consensus between Fran and
Pamela?
(b) What influence does this factor have on the validity of the agreement between
Fran and Pamela?
3.2 Do you think good faith should be a requirement for a valid legal contract in
South Africa? Provide reasons for your answer.
QUESTION 4: Learning unit 4
Indicate whether the following statements are true or false. Write only the correct
option as your answer (eg, “4.5 True”):
, 4.1 In the case of Nkala and others v Harmony Gold Mining Co Ltd and others [2016]
ZAGPJHC 97, the applicants instituted a class-action law suit against the
respondents.
4.2 In AD 502, Tertia sees her irreplaceable painting hanging on the wall of her
neighbour’s (Octavus’) house two months after the painting had been
stolen out of Tertia’s house. Upon confrontation, Octavus admits to
stealing the painting. Tertia can institute both the rei vindicatio and the actio furti
nec manifesti against Octavus. (1)
4.3 Barney and Santie are sitting next to each other in a restaurant. Barney had too
much to drink and places Santie’s wallet in his pocket whilst thinking that it
is his own wallet. Santie could succeed with a charge of theft against Barney. (1)
4.4 In terms of Roman legal principles, theft did not qualify as a crime..
