Exam - Oct/Nov 2019

Question 1

1.1 Identify and briefly describe the most important superior courts in South Africa (8)

Answer 1

1) The constitutional court
- The highest court in South Africa for all constitutional matters
- has unlimited jurisdiction

2) The Supreme Court of Appeal
- a court of appeal for the High Court and its various divisions
- has unlimited jurisdiction

3) The High Court
- This is a single High Court in South Africa with various divisions
- has unlimited jurisdiction

• only court that has jurisdiction to give judgement on:
  Divorce proceedings, the status mental capacity, sequestration of a persons estate, company liquidation, will

Question 2

1.2 Distinguish between ratio decidendi and obiter dictum (3)

Answer 2

Ratio decidendi
- It means the reason for the decision

Obiter dictum
- Obiter means by the way or an incidental remark made in passing that was unnecessary for the decision of the case. It is therefore not binding in subsequent court cases

Question 3

1.3 Mention four (4) things that are determined by the law of persons (4)

Answer 3

1) Who are legal subjects
2) How one becomes or ceases to be a legal subject
3) The various classes of legal subjects
4) What the legal position (status) of each of these various classes of legal subject is

Question 4

Government Gazette

Answer 4

The state’s official newspaper in which all Acts, proclamations and other information that needs to be brought to the public’s notice are published

Question 5

Actio legis Aquiliae

Answer 5

Compensation for patrimonial damage in the form of medical expenses

Question 6

Major consequence of cancellation

Answer 6

Termination of all obligations

Question 7

Resolutive time clause

Answer 7

Gemma agrees to work for Henry for three years

Question 8

Essentialia

Answer 8

Essential terms that identify the contract as being a certain kind of contract

Question 9

Mora

Answer 9

A fault or breach committed by a party to the contract

Question 10

Rescission

Answer 10

The act of withdrawing from a contract due to reasons other than breach of contract

Question 11

S v Makwanyane 1995 (6) BCLR 665 (CC)

Answer 11

Ubuntu advocates social justice and fairness

Question 12

Merger (Confusio)

Answer 12

Takes place when a person becomes both creditor and debtor in respect of the same obligation

Question 13

Naturalia

Answer 13

Terms which are automatically incorporated into the contract as implied terms

Question 14

Which contracts must be reduced to writing and should be signed in order to render them valid (4)

Answer 14

1) Alienation of land (sale, exchange, donation)
2) Suretyship
3) Contracts of donation in which performance is due in future
4) Antenuptial contracts

Question 15

What are the three (3) most important elements of mora creditoris? (3)

Answer 15

1) The performance must be dischargeable
2) The debtor must tender performance
3) The creditor must fail to give his or her co-operation and thereby delay performance