Commercial law 1B

Question 1 10 marks Gattuso visits Ongwediva Annual Trade Fair; at one stall he sees some tools that he really like. A week later he goes to the shop that sells the tools and buys a set on credit. The next day he decides he does not want the tools. Required: Explain whether Gattuso can successfully return the tools back to the shop or not. Question 2 10 marks Johannes is in three months arrears with the payment of rent to his landlord. The only items of value in his flat are a television set, microwave oven and a stove, all which in terms of the Credit Agreements Act 75 of 1980. Required: Advise Johannes whether the landlord is entitled to attach these items in order to sell it a sale in execution. Question 3 15 marks Joshua is employed by a law firm to deliver packages, documents and letters by bicycle. One evening he breaks his leg while playing a football match, and the following day, when his employer hears of this, he is dismissed. After the dismissal, it is discovered that he had been regularly taking money for himself that he pretended to collect from customers on behalf of his employer. Required: Discuss the legal position of the respective parties in this matter. Question 4 15 marks Philemon, who is 10 years old, enters into a contract of employment to work in a clothing factory. His parents insist this is legal, because they also signed the contract as legal guardians. Required: Explain the relevant provisions to Philemon parents