Commercial Law 1A
CLA1501
Department of Mercantile Law
Assignment 02 for Semester 02 (compulsory)
Unique Number 530786
Due date: 21 September 2020
Prescribed book(s)
The prescribed textbook for CLA1501 is General Principles of Commercial Law 9th ed
(2020) Juta co-authored by Schulze H (General Editor), Hurter E, Manamela E, Manamela T,
Masuku B, Stoop C and Stoop P.
QUESTION 1
After 12 years in a business partnership, which sells tyres, Timothy wants to terminate
Timothy and Polly’s business partnership. Since Timothy’s business partner, Polly, will be
entitled to half the assets of the partnership at the time of the termination, he concludes a
contract with a professional killer, Mr Assassin, in terms of which he will pay Mr Assassin the
amount of R10 000 to kill Polly. The next day Polly dies of natural causes.
Which ONE of the following statements is CORRECT?
1. Mr Assassin is not entitled to payment in terms of the contract because performance
has become impossible.
2. Mr Assassin is not entitled to payment because the agreement between him and
Timothy is contrary to public policy.
3. Mr Assassin is entitled to payment in terms of the contract because performance has
become impossible.
4. Mr Assassin is not entitled to payment because it is an implied term of the contract that
5. Polly must be killed by Mr Assassin, not die of natural causes. (2)
Answer:
An agreement to commit a crime is contrary to public policy and therefore legally
unenforceable. Mr Assassin will therefore not be entitled to payment because the
agreement between him and Tim is contrary to public policy.
Refer to page 83 of the prescribed textbook:
CLA1501
Department of Mercantile Law
Assignment 02 for Semester 02 (compulsory)
Unique Number 530786
Due date: 21 September 2020
Prescribed book(s)
The prescribed textbook for CLA1501 is General Principles of Commercial Law 9th ed
(2020) Juta co-authored by Schulze H (General Editor), Hurter E, Manamela E, Manamela T,
Masuku B, Stoop C and Stoop P.
QUESTION 1
After 12 years in a business partnership, which sells tyres, Timothy wants to terminate
Timothy and Polly’s business partnership. Since Timothy’s business partner, Polly, will be
entitled to half the assets of the partnership at the time of the termination, he concludes a
contract with a professional killer, Mr Assassin, in terms of which he will pay Mr Assassin the
amount of R10 000 to kill Polly. The next day Polly dies of natural causes.
Which ONE of the following statements is CORRECT?
1. Mr Assassin is not entitled to payment in terms of the contract because performance
has become impossible.
2. Mr Assassin is not entitled to payment because the agreement between him and
Timothy is contrary to public policy.
3. Mr Assassin is entitled to payment in terms of the contract because performance has
become impossible.
4. Mr Assassin is not entitled to payment because it is an implied term of the contract that
5. Polly must be killed by Mr Assassin, not die of natural causes. (2)
Answer:
An agreement to commit a crime is contrary to public policy and therefore legally
unenforceable. Mr Assassin will therefore not be entitled to payment because the
agreement between him and Tim is contrary to public policy.
Refer to page 83 of the prescribed textbook:
