1 : COMMERCIAL LAW IN SOUTH AFRICA CJ and BJ have been married out of community of property for 15 years. They lawfully conduct registered businesses together and jointly manage other several financial projects together. They, however, have had several problems on how CJ eats too much and is getting unhealthy and for this reason they decide to live separately while reconsidering whether to continue with the marriage or to divorce. In January 2020 CJ is hospitalised and diagnosed with heart pulmonary diseases for which specialists in diet and physiotherapy are assigned. On the other hand BJ approaches XOLA brokers in February 2020 to get a life cover for CJ contingent to him upon the death of CJ. During the conclusion of the agreement, BJ informs the brokers at XOLA that CJ had been diagnosed and was suffering from several terminal conditions. BJ successfully manages to get a life cover of R5 million payable to him with Discovery insurance, obtained through XOLA brokers while paying premiums of R500 every month. In the wake of Covid-19, CJ gets infected and because of her predisposed health conditions, she succumbs to the virus and passes on. BJ approaches Discovery insurance to claim for the amount payable upon CJ's death in terms of their agreement. Discovery insurance denies to pay out the claim on the basis that CJ was suffering from a terminally known and diagnosed condition which contributed to her inability to fight the virus. Discovery insurance alleges that the terminal condition of CJ had not been disclosed to them in terms of the cover notes they received from XOLA brokers, made during the conclusion of the agreement. Furthermore, Discovery insurance alleges that BJ does not meet the criterion of insurable interest in order to successfully claim in this regard. BJ learns that there is a group of learned commercial law advocates from UNIVEN and approaches you for advice on his legal position. Advice BJ. Refer to case law and relevant authority. [25 MARKS]