ASSIGNMENT 2

QUESTION 1 (10 MARKS)

Kavango River (Pty) Ltd, a company that owns and runs a transport business, wishes to take out a policy against damage to its vehicles. The manager of the business, Kativa, previously managed a similar transport business, and over a period of one year, seven of the vehicles used by that business were involved in accidents caused partly by the negligence of its own drivers. The directors of Kavango River have never been informed of these facts and do not bring them to the insurance company's attention. Are they under a duty to do so? Explain.

QUESTION 2 (15 MARKS)

2.1.Napenda, a well-known singer, commissions Mr Say Cheese to take photographs of his wife Nangura and their new-born baby. The Glitz, a magazine that publishes the doings of the rich and famous, gets hold of the photographs and publishes them.

(a) What are the requirements for the subsistence of copyright in the photographs? (4)

(b) Who will be the author AND copyright owner of the photographs respectively? Motivate. (3)

(c) Will The Glitz be infringing copyright? Motivate. (3)

2.2Mary is the manufacturer of Marula cosmetics which she markets under the mark SKIN-DEEP in Rundu. The SKIN-DEEP mark has been registered with BIPA since January 2020. Anna starts marketing a range of cosmetics products in competition with Mary in Nkurenkuru. Anna's products are marketed under the mark of SKIN-DIP.

(a) Can Anna register SKIN-DIP as a mark? Explain. (2)

(b) What is the duration of Mary's SKIN-DEEP mark? (1)

(c) Can Anna use Mary's trademark? if so under which circumstance? (2)

QUESTION 3 (10 MARKS)

Discuss the lessor 's duty to give the lessee an undisturbed use and enjoyment of the leased thing

QUESTION 4 (10 MARKS)

4.1.An insured and a registered insurer agree to insure smuggled goods. Insured will pay a premium of N$ 1 000 a month. Does their agreement amount to a valid contract?(2)

4.2.Name the essentialia for the following contracts:

(a) Lease (3)

(b) Contract of insurance (4)

4.3.Can a period of a lease contract be left undetermined? [Yes/No](1)

QUESTION 5 (5 MARKS)

List the methods of termination of a lease.[5]