LAW Flashcards
Which one of the following is an inferior court of the Republic?
a. Supreme Court of Appeal
b. High Court
c. Magistrate’s court
d. Constitutional Court.
Magistrate’s court
Bobby sees a beautiful girl, Sandy, at the Mall of Africa and falls head over heels in love with her. Bobby introduces himself and invites her to go to the movies with him. They agree to meet the next Friday at 6 o’clock in front of Sterland. Bobby arrives at Sterland on the agreed time, but Sandy is not there. After he has waited for more than two hours, he decides to go home, and consults his Commercial Law textbook to see whether he can take legal action against Sandy for not honoring their appointment. It later turned out that Sandy`s vehicle broke down on her way to the movie so she could not make it. Bobby’s appointment with Sandy was NOT a contract because:
a. their appointment was not in writing and signed by them.
b. they did not have the intention to create legally enforceable obligations.
c. it was not physically possible for Sandy to honour their appointment.
d. it was not juridically possible for Sandy to honour their appointment.
b. they did not have the intention to create legally enforceable obligations.
In order for an agreement to be considered a contract, there must be an intention by both parties to create legally binding obligations. In this case, since Bobby and Sandy simply agreed to meet for a movie without any indication of legal intent, it does not constitute a contract.
Angus sells some tablets to Brittany, telling her that they are weight loss tablets. The tablets are in fact vitamin tablets and not weight loss tablets. Indicate the CORRECT option:
a. This agreement is not valid, and Brittany cannot sue Angus for breach of contract.
b. This agreement is contrary to public policy and against good morals and is void.
c. This type of agreement is prohibited by common law.
d. Angus has made a false statement of fact or misrepresentation just to get Brittany to buy the tablets.
d. Angus has made a false statement of fact or misrepresentation just to get Brittany to buy the tablets.
In this scenario, Angus misrepresented the tablets as weight loss tablets when they were actually vitamin tablets. This constitutes a false statement of fact or misrepresentation, which can give rise to legal remedies, including potential claims for breach of contract or fraud. Brittany may have grounds to sue Angus for such misrepresentation.
Which ONE of the following forms of breach of contract CANNOT be committed by a creditor?
a. Repudiation.
b. Prevention of performance.
c. Mora creditoris.
d. Positive malperformance.
b. Prevention of performance.
Prevention of performance typically refers to situations where the debtor, not the creditor, hinders or prevents the other party from fulfilling their obligations under the contract. In contrast, the other options (a, c, and d) are forms of breach that can be committed by a creditor or a debtor, depending on the circumstances.
Identify the incorrect statement as regards the formation of a contract.
a. A counter-offer makes a contract voidable.
b. Implied rejection occurs when the offeree makes a counter–offer.
c. A contract is completed when a valid offer is made by the offeror and it is accepted unconditionally by the offeree.
d. For a contract to be created, the offeree must accept all the terms as stated in the offer.
a. A counter-offer makes a contract voidable.
A counter-offer actually serves to reject the original offer, and it does not make the contract voidable. It effectively terminates the original offer and introduces a new offer, which the original offeror can either accept or reject. It does not create a voidable contract.
Peter buys a car from John for the amount of R15 000. However, Peter only pays John R11 000 as John owes Peter R4 000 arising from a debt that existed prior to the sale of the car. Which form of termination of personal rights took place in the facts stated above?
a. prescription.
b. merger.
c. set-off.
d. Discharge
c. Set-off.
Set-off occurs when one person’s debt to another is balanced or canceled out by a debt the other person owes to the first person. In this case, Peter owed John R15,000 for the car, but John owed Peter R4,000 from a pre-existing debt. Therefore, Peter only needed to pay John the difference, which is R11,000, due to the set-off of their respective debts.
Gilbert wants to sell his laptop to Clyson for R3000. They both want the contract to be in writing but do not have much knowledge on what clauses to add to the contract for it to be valid. Choose the correct clause below which leads to a valid contract.
a. “The parties hereby agree that Gilbert (seller) sells a Dell Latitude E6400 to Clyson for an amount of R3000 or in exchange of Clyson`s Samsung A70 mobile phone.”
b. “It is hereby agreed by both parties that Gilbert sells a Dell Latitude E6400 to Clyson for an amount of R3000.”
c. “Both parties hereby agree that Gilbert (seller) will sell a laptop to Clyson for an amount of R3000.”
d. “The parties hereby agree that Gilbert (seller) sells a Dell Latitude E6400 to Clyson for an amount which Clyson believes is reasonable for the laptop.”
b. “It is hereby agreed by both parties that Gilbert sells a Dell Latitude E6400 to Clyson for an amount of R3000.”
This clause clearly states the agreement between Gilbert and Clyson regarding the sale of the laptop for a specific price, and it is straightforward and unambiguous.
Xolile gave her bike to Romeo for safekeeping. One Romeo decided to sell the bike to John for R1200 without Xolile`s permission. Was a valid contract if sale validly concluded in this case?
a. Yes, there was a valid contract although ownership was never passed to John.
b. No, there was no valid contract since the bike was sold without permission.
c. Yes, there was a valid contract and the bike now belong to John as ownership was successfully passed.
d. No, there is no valid contract as the requirements of a sale agreement were not complied with.
b. No, there was no valid contract since the bike was sold without permission.
In this scenario, Romeo did not have the legal authority or permission to sell Xolile’s bike, as it was given to him for safekeeping, not for sale. Therefore, the sale to John would not be valid, and ownership of the bike would not pass to John. This is a case of unauthorized disposal of another person’s property.
Which one of the following is not an essential element of a contract of lease?
a. an undertaking by the lessor to give the lessee the use and enjoyment of the object of the lease.
b. an agreement between the lessor and lessee that the use and enjoyment of the object of the lease will be temporary.
c. That the lessee will not sublet the property without consent from the lessor.
d. an undertaking to pay rent.
