Assignment Two Flashcards
Which ONE of the following was compiled/codified during the reign of the Emperor Justinian?
1 Corpus Iuris Civilis
2 Roman – Dutch Law
3 Customary Law
4 Common Law (2)
Corpus Iuris Civilis
Which ONE of the following sources of the law has only persuasive authority in a South African
court and is NOT viewed as an authoritative source?
1 Judgments of the Dutch courts before 1652
2 English law
3 Dutch legislation before 1652
4 Roman law (2)
English law
Jane’s well-earned reputation as a famous and respected inventor is an example of… 1 a real right. 2 an immaterial property right. 3 a personality right. 4 a personal right. (2)
a personality right
Fred catches a wild pigeon with the intention of taming it and keeping it as a pet.
Which ONE of the following methods has Fred used to acquire ownership of the wild pigeon?
1 a derivative method
2 prescription
3 occupation
4 possession (2)
possession
In which ONE of the following situations was a VALID contract concluded?
1 Lauren engages a professional caterer to provide food for a party to which ten guests
have been invited. Thirty minutes after the agreed time, five guests phone Lauren and
inform her that they will miss the appointment. Lauren wants to sue the guests for
breach of contract.
2 John, exceedingly drunk, undertakes in front of witnesses at Papa’s Bar, to give one of
his cars to Alex if Alex fixes his house’s broken windows in exchange. Moments later
John collapses in the street. The next morning, he remembers nothing of his agreement
with Alex.
3 The organizers of the Rhino 2008 Rally make an offer to pay Rex R20 000 if he can drive
the 500 kilometres between Johannesburg and Bloemfontein in an hour. Rex accepts the
offer.
4 Peter and Andrew agree that Peter will hand R100 to Andrew and that Andrew will hand
over his silver pen to Peter in full exchange. (2)
Peter and Andrew agree that Peter will hand R100 to Andrew and that Andrew will hand
over his silver pen to Peter in full exchange
Belinda helped Alet to move her furniture. Belinda was injured during the move due to Alet’s
negligence. Belinda’s left leg was injured and she suffered both physical injuries and patrimonial
damage. She claimed her damage from Alet. Alet offered to pay R2 500 in full and final
settlement of Belinda’s claim. Belinda refused and expressly stated that she would only accept
an offer of R3 000. Alet refused to increase the offer.
Which ONE of the following statements is CORRECT?
1 Belinda can accept the original offer after her request for an increased offer was rejected.
2 The request made by Belinda is a counter offer.
3 Belinda’s offer remains open for a specific period of time.
4 Belinda cannot accept the original offer, because it was revoked. (2)
The request made by Belinda is a counter offer
Aunt Molly is sick in hospital and fears that she won’t live much longer. Her nephew, Gary, visits
her every day and agrees to feed her ten cats back home. In return for feeding the cats, he
persuades her to sell him her car for far less than its market value. Aunt Molly has no other
choice but to agree to the sale of the car as there is no one else to feed her precious cats.
Which ONE of the following statements is INCORRECT?
1 Aunt Molly contracts to her detriment as a result of undue influence.
2 Aunt Molly can choose to uphold the contract.
3 Aunt Molly can cancel the contract and claim damages.
4 Aunt Molly was forced into the contract and therefore it is null and void. (2)
Aunt Molly was forced into the contract and therefore it is null and void
Which ONE of the following could have an influence on a natural person’s legal capacity?
1 mental deficiency
2 being under the influence of alcohol or drugs
3 having been declared a prodigal by the High Court
4 none of the above. (2)
none of the above
Wendy, who is sixteen years old, works as a cook at Ekaya Restaurant. Wendy started to work
as she wanted to supplement the R500 a month pocket money she receives from her parents.
One Saturday evening just after she finishes her shift, Wendy borrows R1 000 from Sello, the
owner of the restaurant. The next Saturday evening Wendy fails to show up for work and Sello
finds out that Wendy no longer intends working at the restaurant.
Sello contacts Wendy and he demands his money back, but Wendy tells him that she cannot
pay him back as she has given her new boyfriend a watch which she bought for R300 and has
spent R200 on school textbooks. She tells Sello that with the rest of the money she bought a
gold bracelet which she gave to her grandmother for her eightieth birthday. Sello approaches
Wendy’s father, Sam, but Sam refuses to discuss the matter with Sello. Sam informs Sello that
he does not accept any liability for Wendy’s debt and that he thinks Sello is crazy to lend a
sixteen-year-old girl R1 000.
Which ONE of the following statements is CORRECT?
1 Sello may sue Wendy for unjustified enrichment for the amount of R1 000.
2 Sello may sue Wendy for unjustified enrichment for the amount of R200.
3 Sello may claim surrender of the watch and the gold bracelet or their value.
4 Sello may sue Sam for unjustified enrichment for the amount of R200. (2)
Sello may sue Sam for unjustified enrichment for the amount of R200.
Joel owes Jack an amount of R70 000. Joel and Jack enter into an agreement in terms of which
Jack will cancel 30% of the debt if Joel agrees to sponsor Jack’s visit to the “Blue House”
brothel.
Which ONE of the following statements is CORRECT?
1 Joel and Jack’s contract is unlawful because their agreement is contrary to good morals.
2 Joel and Jack’s contract is lawful because they both have capacity to enter into juristic
acts.
3 Joel and Jack’s contract is unlawful because their agreement is contrary to public policy.
4 Joel and Jack’s contract is lawful because they have reached consensus. (2)
Joel and Jack’s contract is unlawful because their agreement is contrary to good morals
