Business Law 1 2 Briefly differentiate between authoritative (primary) and persuasive (secondary) sources of law and provide an example of each The following might help with Q1 2 AUTHORITATIVE SOURCES OF LAW Definition An authoritative source of law is a body of law which takes precedence over others They are also called primary sources Courts are bound by authoritative sources PERSUASIVE SOURCES OF LAW Definition These are legal writings that may help guide a court in reaching a decision, but which are not binding QUESTION 2 Identify what type of clause is present in the following contracts Provide reasons for your answers Identification of the clause and reason provided The following will help answer the question CLAUSES ABOUT WHETHER OR WHEN A CONTRACT WILL TAKE EFFECT OR END Conditions It is a term which renders the operation (the coming into effect or termination of contractual obligations) and consequences of the contract depending upon the occurrence or non occurrence of a specified uncertain future event Two types of conditions Suspensive condition and Resolutive condition Time clauses Brought into operation by reaching a certain and determined or ascertainable time which has been agreed upon Determines a specific time when (e g 1 January 2021) or a specific period (e g six months after conclusion of contract) the contract will become operative or dissolved Two types of time clauses Suspensive time clause and Resolutive time clause Suppositions Is a contractual term that states that the contract will only become operative if a given situation exists or given event has occurred Cancellation clauses Entitles a contracting party to cancel the contract summarily if the other contracting party is in breach of contract and it is unnecessary to send a letter of demand or warning notice to the other party Q 2 1 Please keep all valuables locked away in the available safe Jabulanis Hotel will not be held responsible for any stolen goods Q 2 2 Pababelo will be awarded the government tender if she graduates with her city planning degree timeously Q 2 3 Dylan is entitled to the use of the family car, but upon the death of his father, it must go to his mother Q 2 4 In the event of a breach, the debtor will be expected to pay an additional R500 on the outstanding debt Q 2 5 This contract may not be amended unless agreed to in writing by both parties Q 2 6 The Floorwhiz Pro cannot be broken, all your money back guaranteed Q 2 7 Patricia shall be awarded the family home on the 15th of September 2025 Q 2 8 I agree to purchase the new Toyota Corolla from ABC Motors, on condition that it is the 2016 make, since I only have the spare parts for this version Q 2 9 Buhle purchases a horse off of the racetrack, but if it is found within six months of the purchase that it suffers from any leg injury, the contract will terminate Q 2 10 In the event of one of the major breaches identified under clause 4 6 , the creditor reserves the right to terminate the contract with written notice within three days of the breach

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Business Law 1.2 Briefly differentiate between authoritative (primary) and persuasive (secondary) sources of law and provide an example of each. The following might help with

Business Law

1.2 Briefly differentiate between authoritative (primary) and persuasive (secondary) sources of law and provide an example of each.

The following might help with Q1.2-

AUTHORITATIVE SOURCES OF LAW - Definition: An authoritative source of law is a body of law which takes precedence over others. They are also called primary sources. Courts are bound by authoritative sources.

PERSUASIVE SOURCES OF LAW - Definition: These are legal writings that may help guide a court in reaching a decision, but which are not binding.

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QUESTION 2 - Identify what type of clause is present in the following contracts. Provide reasons for your answers. Identification of the clause and reason provided.

The following will help answer the question: CLAUSES ABOUT WHETHER OR WHEN A CONTRACT WILL TAKE EFFECT OR END

Conditions - It is a term which renders the operation (the coming into effect or termination of contractual obligations) and consequences of the contract depending upon the occurrence or non-occurrence of a specified uncertain future event. Two types of conditions. Suspensive condition and Resolutive condition.
Time clauses - Brought into operation by reaching a certain and determined or ascertainable time which has been agreed upon. Determines a specific time when (e.g. 1 January 2021) or a specific period (e.g. six months after conclusion of contract) the contract will become operative or dissolved. Two types of time clauses Suspensive time clause and Resolutive time clause.
Suppositions - Is a contractual term that states that the contract will only become operative if a given situation exists or given event has occurred.
Cancellation clauses -Entitles a contracting party to cancel the contract summarily if the other contracting party is in breach of contract and it is unnecessary to send a letter of demand or warning notice to the other party.

Q.2.1 Please keep all valuables locked away in the available safe. Jabulanis Hotel will not be held responsible for any stolen goods.

Q.2.2 Pababelo will be awarded the government tender if she graduates with her city planning degree timeously.

Q.2.3 Dylan is entitled to the use of the family car, but upon the death of his father, it must go to his mother.

Q.2.4 In the event of a breach, the debtor will be expected to pay an additional R500 on the outstanding debt.

Q.2.5 This contract may not be amended unless agreed to in writing by both parties.

Q.2.6 The Floorwhiz Pro cannot be broken, all your money back guaranteed.

Q.2.7 Patricia shall be awarded the family home on the 15th of September 2025.

Q.2.8 I agree to purchase the new Toyota Corolla from ABC Motors, on condition that it is the 2016 make, since I only have the spare parts for this version.

Q.2.9 Buhle purchases a horse off of the racetrack, but if it is found within six months of the purchase that it suffers from any leg injury, the contract will terminate.

Q.2.10 In the event of one of the major breaches identified under clause 4.6., the creditor reserves the right to terminate the contract with written notice within three days of the breach.