,UNIVERSITY EXAMINATIONS
May/June 2024
LPL4801
Law of Sale and Lease
Unique Number: 809106
100 Marks (3 hours)
First examiner: Prof C-J Pretorius
Second examiner: Adv R Ismail
External examiner: Dr R Brits
This paper consists of 8 pages.
This is a closed-book examination
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING
THE EXAMINATION QUESTIONS.
,1. The examination question paper counts 100 marks.
2. It consists of 6 questions. Answer ALL of the questions.
3. The duration of the examination on the timetable is 3 hours: 08 June 2024 11:45 –
14:45.
4. In addition to the duration of the examination indicated on the timetable, you are given
30 minutes to FINALISE the uploading of your exam file. Your exam file must be uploaded
via the myExams platform BEFORE 15:15 on 08 June 2024 (South African Standard Time).
5. This 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. While the examination is in progress, you may not
assist another student in answering any of the questions contained in this question paper.
6. This examination is proctored via the Invigilator App. You are required to activate the
Invigilator app between 11:30 and 12:15 on 08 June 2024 (South African Standard Time).
, SECTION A LEASE
QUESTION 1
How does the Rental Housing Act 50 of 1999 affect the content of lease agreements regarding
essential terms (essentialia) and the form of lease agreements? Briefly discuss. (10)
QUESTION 2
List the obligations of the parties to a lease agreement with a brief explanation of each. (10)
QUESTION 3
Javier purchases a farm from Johanna and pays the purchase price in cash. However, on the date
when Javier is to take occupation he finds Majavula in occupation of the farm. Majavula tells
Javier that although his lease of a ten-year period with Johanna already expired three years ago,
he remained in occupation of the farm and Johanna accepted R50 000 and a third of his crop yield
at the end of each year, as payment for occupation. Javier insists that Majavula must immediately
vacate the farm, but Majavula refuses to do so and alleges that he (Majavula) still has a valid lease
with Johanna. Majavula effected the following improvements to the farm without Johanna’s
knowledge: he built a dam, erected a lapa, repaired an existing fence on the farm and he planted
maize which still has to be harvested. Majavula has also sublet a small portion of the farm without
Johanna’s knowledge.
3.1 Discuss whether there is a valid lease agreement between Majavula and Johanna, and what the
implications would be for Javier. (10)
May/June 2024
LPL4801
Law of Sale and Lease
Unique Number: 809106
100 Marks (3 hours)
First examiner: Prof C-J Pretorius
Second examiner: Adv R Ismail
External examiner: Dr R Brits
This paper consists of 8 pages.
This is a closed-book examination
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING
THE EXAMINATION QUESTIONS.
,1. The examination question paper counts 100 marks.
2. It consists of 6 questions. Answer ALL of the questions.
3. The duration of the examination on the timetable is 3 hours: 08 June 2024 11:45 –
14:45.
4. In addition to the duration of the examination indicated on the timetable, you are given
30 minutes to FINALISE the uploading of your exam file. Your exam file must be uploaded
via the myExams platform BEFORE 15:15 on 08 June 2024 (South African Standard Time).
5. This 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. While the examination is in progress, you may not
assist another student in answering any of the questions contained in this question paper.
6. This examination is proctored via the Invigilator App. You are required to activate the
Invigilator app between 11:30 and 12:15 on 08 June 2024 (South African Standard Time).
, SECTION A LEASE
QUESTION 1
How does the Rental Housing Act 50 of 1999 affect the content of lease agreements regarding
essential terms (essentialia) and the form of lease agreements? Briefly discuss. (10)
QUESTION 2
List the obligations of the parties to a lease agreement with a brief explanation of each. (10)
QUESTION 3
Javier purchases a farm from Johanna and pays the purchase price in cash. However, on the date
when Javier is to take occupation he finds Majavula in occupation of the farm. Majavula tells
Javier that although his lease of a ten-year period with Johanna already expired three years ago,
he remained in occupation of the farm and Johanna accepted R50 000 and a third of his crop yield
at the end of each year, as payment for occupation. Javier insists that Majavula must immediately
vacate the farm, but Majavula refuses to do so and alleges that he (Majavula) still has a valid lease
with Johanna. Majavula effected the following improvements to the farm without Johanna’s
knowledge: he built a dam, erected a lapa, repaired an existing fence on the farm and he planted
maize which still has to be harvested. Majavula has also sublet a small portion of the farm without
Johanna’s knowledge.
3.1 Discuss whether there is a valid lease agreement between Majavula and Johanna, and what the
implications would be for Javier. (10)
