6:09 :9 36 @t BCOMLW_Fundamentals of the Sou... v Done QUESTION ONE [6] A custom does not automatically become a legal rule. In light of the above statement, state the well-known case and the requirements it set out for a custom to become a legal rule as well as the additional requirement which came about once the Constitution of the Republic of South Africa 1996 was passed. QUESTION TWO [3] 2.1 Describe what is meant by stare decisis. (5) 2.2 Where a court applies the stare decisis rule, does thejudgment always result in the case being an unreported one? Why or why not? (3) QUESTION THREE [11] Jennifer is a businesswoman who sells her very own style of laptop bags. Ramaphosa and Jennifer have a good business relationship for many years and he purchases a number of these bags to sell at his shop, the total sum of which is R15 000.00 (fteen thousand rand). She gives him Invoice 423 which records that she has delivered the bags for that price. Despite many promises from Ramaphosa to pay the money, Jennifer has not received any payment. She now wants to sue him. 3.1 With reference to relevant legislation, mention some of the rights that Jennifer has in relation to this scenario. (2) 3.2 What type of legal dispute does this case refer to? (1) 3.3 Which court/s has jurisdiction to hear the matter and why? (2) 3.4 Which court do you recommend Jennifer approach and give reasons why. (2) 3.5 Which document must Jennifer's attorney rst send to Ramaphosa and why? (2) 3.6 Explain the purpose of sending Ramaphosa a Summons and at which stage must it be sent? (2) END OF QUESTION PAPER