CLA1501/01/3/2019 Wald understand by the TOTAL: Assignment 1: [20] ASSIGNMENT 2 Unique number: 786350 Submission date: 30 SEPTEMBER 2019 QUESTION 1 Which ONE of the following statements is CORRECT? The High Court in Bloemfontein is not bound by the decision of the High Court in Pretoria A Magsta's Court is bound to follow a decision of another Magistrale Court The Supreme Court of Appeal is bound by its previous judgments, even if the court is convinced that the decision was wrong A full bunch of a High Court is bound by both the ratio decidend and the aber dictum of the Supreme Court of Appeal QUESTION 2 Stanley catches a wild pigeon with the intention of taring it and keeping it as a pel Which ONE of the following methods has Stanley used to acquirewnership of the wld pigeon? A derivative method prescription possession occupation QUESTION 3 Dorothy and Natasha entered into an oral contract. Dorothy wanted a motorbike for her son and was under the impression that they had entered into a contract of sale for a motorbike Natasha however, was under the impression that a contract of lease for the motorbike had been concluded. Dorothy approaches you for advice regarding the validity of the contract Which ONE of the following statements is CORRECT? The contract is valid because both Dorothy and Natasha had the mention to be contractually bound. The contract is voidable because the parties can rectify the contract The contract is vold because there was no consensus between Doroty and The contract is valid in al material respects because there was offer and accepimice QUESTION 4 old boy, hated horses worn R90 000 from his late grandfather Jantes in his parents. He would therefore to the horses and in the more Who ONE of the following statements is CORRECT Janneeds his parents assistance to sell the horses because he is amor Jan does not need this parents assistance to sell the horses because he inherited them. Jan does not need his parents assistance to sell the horses because he reached majanty at the age of fourteen Jan needs his parents' assistance to sell the horses because the value of the horses s more than R50 000 QUESTION 5 Phenyo undertakes to dever his Raly mountain bike to Mandia. The contract further provides that Phenyo may at his sole discretion, deliver another mountain bike of similar quality This is ain) generic obligation facultative obligation alternative obligation invalid contract QUESTION 6 Which ONE of the options provided below will complete the following sentence CORRECTLY? The requirement that a contract of suretyship must be in writing and signed by or on behalf of the surely was introduced by the common law the Financial Services Board. our courts legislation QUESTION 7 While at work, Ahmed And Tanya agree that Tanya wil purchase Ahmed's old lounge curs provided that they are bue and not green. The curtains are a Ahmad's house, but because he is colour blind, he is not sure what the colour is. This contract contains a supposition. CLASU 2019 warranty pondition QUESTIONS which ONE of the following is NOT a guideline for the interpretation of contracts Words that carry a technical meaning will be interpreted in accordance with the specific use Normally all words will have their ordinary grammatical meaning Where the parties express themselves on a particular matter but omit some detail common law rules will regulate that aspect if ambiguity exists the contract will usually be regarded as invalid. QUESTION 9 Bradley was employed as a software programmer at Easy Boats (Ptyi Lid, an nine music store which facilitates the downloading of music from the innet Bradley starts his own nie music store called Brad's Moods.com, in direct competition with Easy Beats (Pty Lid. Before Bradley was appointed as an employee of Easy Beats (Pty) Ltd he signed a restraint of trade agreement which prohibited him from starting a business in opposition to Easy Beats (Ptyi Lid on k ing their employ Which ONE of the following forms of breach of contract did Bradley Commt by starting his online music store in direct opposition with his previous employer? default of the debtor positive malperformance prevention of performance by the creditor default of the credito QUESTION 10 Zaza owes Koleka R20 000 which she ot him two months ago Which ONE of the following statements is CORRECT? Khoka may refuse to accept payment of Zaza's debt if not tendered by Zaza himsell Nothing except ans amount of R20 000 from Z a to Kholeks will quality as payment of his debt If Zara and Kharika get married community of property Zawa's debt wil automatically terminate Homia owes Zaza R25 000. Za may cede his clam against Hiomia to Khoato the amount of R20 000 TOTAL: Assignment (20 CLA1501/01/3/2019 Wald understand by the TOTAL: Assignment 1: [20] ASSIGNMENT 2 Unique number: 786350 Submission date: 30 SEPTEMBER 2019 QUESTION 1 Which ONE of the following statements is CORRECT? The High Court in Bloemfontein is not bound by the decision of the High Court in Pretoria A Magsta's Court is bound to follow a decision of another Magistrale Court The Supreme Court of Appeal is bound by its previous judgments, even if the court is convinced that the decision was wrong A full bunch of a High Court is bound by both the ratio decidend and the aber dictum of the Supreme Court of Appeal QUESTION 2 Stanley catches a wild pigeon with the intention of taring it and keeping it as a pel Which ONE of the following methods has Stanley used to acquirewnership of the wld pigeon? A derivative method prescription possession occupation QUESTION 3 Dorothy and Natasha entered into an oral contract. Dorothy wanted a motorbike for her son and was under the impression that they had entered into a contract of sale for a motorbike Natasha however, was under the impression that a contract of lease for the motorbike had been concluded. Dorothy approaches you for advice regarding the validity of the contract Which ONE of the following statements is CORRECT? The contract is valid because both Dorothy and Natasha had the mention to be contractually bound. The contract is voidable because the parties can rectify the contract The contract is vold because there was no consensus between Doroty and The contract is valid in al material respects because there was offer and accepimice QUESTION 4 old boy, hated horses worn R90 000 from his late grandfather Jantes in his parents. He would therefore to the horses and in the more Who ONE of the following statements is CORRECT Janneeds his parents assistance to sell the horses because he is amor Jan does not need this parents assistance to sell the horses because he inherited them. Jan does not need his parents assistance to sell the horses because he reached majanty at the age of fourteen Jan needs his parents' assistance to sell the horses because the value of the horses s more than R50 000 QUESTION 5 Phenyo undertakes to dever his Raly mountain bike to Mandia. The contract further provides that Phenyo may at his sole discretion, deliver another mountain bike of similar quality This is ain) generic obligation facultative obligation alternative obligation invalid contract QUESTION 6 Which ONE of the options provided below will complete the following sentence CORRECTLY? The requirement that a contract of suretyship must be in writing and signed by or on behalf of the surely was introduced by the common law the Financial Services Board. our courts legislation QUESTION 7 While at work, Ahmed And Tanya agree that Tanya wil purchase Ahmed's old lounge curs provided that they are bue and not green. The curtains are a Ahmad's house, but because he is colour blind, he is not sure what the colour is. This contract contains a supposition. CLASU 2019 warranty pondition QUESTIONS which ONE of the following is NOT a guideline for the interpretation of contracts Words that carry a technical meaning will be interpreted in accordance with the specific use Normally all words will have their ordinary grammatical meaning Where the parties express themselves on a particular matter but omit some detail common law rules will regulate that aspect if ambiguity exists the contract will usually be regarded as invalid. QUESTION 9 Bradley was employed as a software programmer at Easy Boats (Ptyi Lid, an nine music store which facilitates the downloading of music from the innet Bradley starts his own nie music store called Brad's Moods.com, in direct competition with Easy Beats (Pty Lid. Before Bradley was appointed as an employee of Easy Beats (Pty) Ltd he signed a restraint of trade agreement which prohibited him from starting a business in opposition to Easy Beats (Ptyi Lid on k ing their employ Which ONE of the following forms of breach of contract did Bradley Commt by starting his online music store in direct opposition with his previous employer? default of the debtor positive malperformance prevention of performance by the creditor default of the credito QUESTION 10 Zaza owes Koleka R20 000 which she ot him two months ago Which ONE of the following statements is CORRECT? Khoka may refuse to accept payment of Zaza's debt if not tendered by Zaza himsell Nothing except ans amount of R20 000 from Z a to Kholeks will quality as payment of his debt If Zara and Kharika get married community of property Zawa's debt wil automatically terminate Homia owes Zaza R25 000. Za may cede his clam against Hiomia to Khoato the amount of R20 000 TOTAL: Assignment (20