1. Conferring with L.T.C. Harms,2014, Ambler's Precedent of Pleadings,8th edition, Lexis Nexis, P334. "According to Southern Resources Ltd Vs Farndell NO [2010] 2 ALL SA 350(SCA), A sale is perfecta if it is absolute in the sense that it is not subject to a suspensive condition. It becomes perfecta once there is an agreement on the merx (the thing sold) and the pretium(price) and any suspensive condition has been fulfilled." According to our common law certain consequences attaches to contract that can be classified as a sale. Evaluate the difference between a contract of sale and:

- 2.1A barter. (5)

2.2 A Lease. (10)

2.3 A contract for work or services.

(5) 2.4 A software Licensing contract. (10)

2. Zanelle approaches you for advice. She has been renting a flat from Mark for the past six months. They agreed that Mark would have the right to inspect the property from time to time. Zanelle says that most of the time, Mark reports to inspect the property without even warning her that he is coming. Mark would simply walks in using his own keys, without any warning or apology. She has told Mark that all she wants is a simple notice as to when he intends to inspect the premises. On one occasion he walked in, while she was in the bath. Marks visits have become increasing regular. Despite this request, Mark continues to visit unannounced. Zanelle has had enough and requests advice on her right to terminate the lease or in some other way stop the nuisance from occurring. Advise her accordingly.

3. "If a debtor owes money to a creditor which he fails or refuses to pay, the creditor may enforce his rights by having recourse to the courts and eventually, after the required procedural steps have been taken, causing the attachment and selling in execution of debtor's assets in order to obtain satisfaction of his, the creditor's claim." (Catherine Smith, The Law of Insolvency; third edition Butterworth's page 32.) Company aaa Pty Ltd has experienced an escalation of bad debt and has attempted to enforce its rights through the courts. The CFO of aaa Pty Ltd now intends to attach and sell in execution, the assets of his delinquent debtor's estate. Since you have graduated recently from a college called RGIT Pty Ltd, you have been asked by the CFO of aaa Pty Ltd as a prospective employer, during a job interview, to explain the difference between voluntary surrender and compulsory sequestration. Identify and analyse the difference between voluntary surrender and compulsory sequestration. (20)

4. Upon hearing that you have just graduated your neighbour "Mr Wisecrack" who was unable to pass grade 12, decides to test your knowledge in legal terminologies. At a family function and in the presence of your relatives he entreats you to explain the following legal terminologies.

5.1. Arbitration (2)

5.2. Contributory negligence (2)

5.3 Duty of Disclosure (2)

5.4 Indemnity (2)

5.5 Forfeiture Clause in a contract of insurance (2)

5.6 Litigation (2)

5.7 Statute law (2)

5.8 Doctrine of undisclosed principal (2)

5.9 Cambial obligation (2)

5.10 Cession in securitatem debiti