COMMERCIAL LAW 621(2022S1CLW621B)Assignment

1 __________law are also recognised sources of law in South Africa.

Select one:

a. Roman Law and Roman-Dutch

b. Customary law

c. Jewish law and Dutch law

d. American law

2 The ___________________is exercise of the power and function of making rules (as laws) that have the force of authority by virtue of their promulgation by an official organ of a state or other organization.

Select one:

a. Legislation

b. Court

c. Constitution

d. Parliament

3 Identify the correct statement about superior courts.

Select one:

a. Superior courts are lower than claims courts

b. An example of these are constitutional courts

c. Has limited jurisdiction

d. An example of these courts are the magistrate courts

4 __________The process through which statutes are enacted by a legislative body that is established and empowered to do so.

Select one:

a. Constitution

b. Parliament

c. Supreme Courts

d. Legislation

5 Which of the following statements is a definition of the phase 'ratio decidendi'?

Select one:

a. The material facts.

b. The verdict

c. The legal reason for reaching a decision.

d. A hypothetical situation

6 ______________is a Dutch law that is still effective in South Africa today .

Select one:

a. Mixed marriages

b. Lease of movable property

c. Land lease

d. Loan interests

7 ______________ the system of beliefs and laws by which a country, state, or organization is governed.

Select one:

a. Parliament

b. Constitution

c. Legislation

d. Law

8 Identify the correct stament/s.; 1.Superior courts are the Constitutional Court, the Supreme Court if Appeal and the High Court. ; 2.Superior courts are the Constitutional Court, the Supreme Court if Appeal and the regional Court. ; 3.Lower courts are magistrate's courts and small claims courts. ;4.Lower courts are regional court, high court and magistrate courts.

Select one:

a. 2and 4

b. 1and 4

c. 1and 2

d. 1and 3

9 Identify the option that is an authoritative source of law in the South African legal system.

Select one:

a. Customary, Textbooks & Journals, old authorizes

b. All of the given options

c. Customary, legality, old authorizes, Court judgments

d. Customary, legality, old authorizes, foreign law

10 ratio decidendi literally means __________________.

Select one:

a. The reason decision

b. The preseason for court

c. the reason for law

d. The reason for Police

11 Identify the type of law that consist of those legal rules which govern the relationship between citizen in their dealing with each other

Select one:

a. Criminal law

b. Public law

c. Civil law

d. Private law

12 Identify the correct definition of law.

Select one:

a. The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.

b. The system of customs which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.

c. The system of rules which a particular country or community does not recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.

d. The system of commands which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.

13 Identify the option that is a defence to a delict.

Select one:

a. Causation

b. Consent

c. Damage

d. Fault

14 Select the most precise statement.

Select one:

a. The bill of Right is the cornerstone of democracy in South Africa

b. Parliament is the cornerstone of democracy in South Africa

c. Law is the cornerstone of democracy in South Africa

d. Constitution is the cornerstone of democracy in South Africa

15 High courts are presently situated in the following cities. Select a place where there is not high court .

Select one:

a. Portshepstone

b. Mafikeng

c. Mangaung

d. Thohoyandou

16 Identify the option that is NOT a requirements of customary law.

Select one:

a. It must have existed for a long time

b. The contents of the customary rule must be certain and clear.

c. It must be generally recognized and observed by the community.

d. It must be unreasonable

17 Identify the option that is NOT a method of statutory interpretation.

Select one:

a. The mischief rule

b. The best fit rule

c. The golden rule

d. The literal rule

18 Select the correct statement regarding foreign law

Select one:

a. foreign law has persuasive authority only

b. foreign law I regarded as an authoritative source of South African Law

c. foreign law I regarded as an authoritative source of South African Law

d. foreign law may not be used as guidance for South African Cases

19 A contract is______.

Select one:

a. A mutual understanding between two parties

b. A legal binding agreement

c. A verbal understanding by an party

d. A written agreement between two or more parties

20 Which of the following is NOT a type of mistake in contract law?

Select one:

a. Mutual mistakes

b. Unilateral mistake

c. Frustrated mistake

d. Common mistake

21 Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one of the five lots he owns, without specifying which lot it was, for the price of P1 million. Later, the parties could not agree which of five lots he owned Lino undertook to sell to Ramon. What is the standing of the contract?

Select one:

a. Unenforceable.

b. Void.

c. Voidable.

d. escissible.

22 Citizens that are construed as having NO legal ability to contract.

Select one:

a. Person of unsound mind

b. Non-citizens of South Africa

c. Individuals above 18 years of age

d. Married women

23 Indicate the correct statement.

Select one:

a. There is no difference in law between an offer and an invitation to treat

b. In a bilateral contracts the parties exchange undertaking.

c. Acceptance in a contract may take effect through conduct and need not necessarily be communicated.

d. An offer is terms and conditions that an offeror is willing to be bound by.

24 A minor can be.

Select one:

a. Adult

b. Child under 18

c. Principal

d. An agent

25 Where a contract does not stipulate an expiry date, it will remain open____.

Select one:

a. for a reasonable time, after which it will automatically expire.

b. until a counter-offer is made.

c. until expressly revoked by the offeror.

d. forever, until accepted by the offeree