Multi Choice Questions

Tom lives alone in an apartment in Langenhoven Park, Bloemfontein. One Monday morning, right before leaving for work, Tom notices a cloud of smoke coming out of his neighbour's window. Anna, his neighbour, also lives alone. However, unlike Tom, Anna works night shift on a Monday, and is usually sleeping soundly when Tom leaves for work on a Monday morning. As Tom is aware of the aforesaid, he knocks on her door, calls out her name, and phones her a few times, but to no avail.

Consequently, Tom kicks Anna's door in to gain entrance to her apartment. As he enters her apartment, he notices Anna standing in front of the oven with a TV headset on, waving a cloth frantically towards her backdoor to get rid of the smoke of her burnt cookies. Immediately, Tom remembers that Anna jokingly warned him a few days ago that she would be baking cookies for an office party on Monday morning, which might just bring about the demise of her apartment as she has never before baked cookies or used an oven.

Upon turning around, Anna notices that her front door has been kicked in and that Tom is standing in her kitchen. While Tom approaches Anna in a non-threatening manner, indicates to her to remove her headset, and asks her whether she is 'okay', Anna furiously picks a wooden spoon up and starts hitting Tom with it. During the process of hitting Tom, Anna cracks one of his front teeth.

Considering this scenario, indicate which element of a delict was NOT 'satisfied' that will prevent Anna from holding Tom delictually liable for the damage to her door:

a. Causation

b. Act

c. Fault

d. Damage/Impairment

e. Wrongfulness

Jackson hits a golf ball through an open window into his neighbour's house. His neighbour's dog ingests this ball and is admitted to a veterinarian hospital for observation. The dog suddenly dies because of a heart attack in the kennel at the hospital .

Indicate whether causation is present and whether Jackson can be held delictually liable:

a. No, legal causation is present.

b. Yes, factual causation is present.

c. Yes, legal causation is present.

d. No, factual causation is present.

Gemma, a newly qualified doctor, accepts a job offer from 'Doctors Beyond Borders' in Ghana. In terms of this job offer, Gemma has to be in Ghana within the next week. As Gemma is newly qualified, she has money available to pay for her airplane ticket to Ghana, but not anything else during her first month in Ghana. Her friend, Julia, suggests that Gemma should sell her car as she will not use if during the 5 years that she will be stationed in Ghana. Gemma asks Julia to sell the car on her behalf when she is in Ghana. Gemma informs Julia that something is amiss with the car's gearbox. Within the very first week, Julia manages to sell the car to Ben, but forgets to inform him of the aforesaid. Soon thereafter Ben contacts Julia, tells her that he wishes to cancel the agreement and that he wants his money back as the car has severe damage to its gearbox which Julia did not inform him about beforehand. Julia informs Ben that it is not her car, and that she cannot pay him money which she does not have.

Identify the principal:

a. Julia

b. Ben

c. Gemma

d. Germa

Gemma, a newly qualified doctor, accepts a job offer from 'Doctors Beyond Borders' in Ghana. In terms of this job offer, Gemma has to be in Ghana within the next week. As Gemma is newly qualified, she has money available to pay for her airplane ticket to Ghana, but not anything else during her first month in Ghana. Her friend, Julia, suggests that Gemma should sell her car as she will not use if during the 5 years that she will be stationed in Ghana. Gemma asks Julia to sell the car on her behalf when she is in Ghana. Gemma informs Julia that something is amiss with the car's gearbox. Within the very first week, Julia manages to sell the car to Ben, but forgets to inform him of the aforesaid. Soon thereafter Ben contacts Julia, tells her that he wishes to cancel the agreement and that he wants his money back as the car has severe damage to its gearbox which Julia did not inform him about beforehand. Julia informs Ben that it is not her car, and that she cannot pay him money which she does not have.

Identify the third party:

a. Julia

b. Ben

c. Bea

d. Gemma

Gemma, a newly qualified doctor, accepts a job offer from 'Doctors Beyond Borders' in Ghana. In terms of this job offer, Gemma has to be in Ghana within the next week. As Gemma is newly qualified, she has money available to pay for her airplane ticket to Ghana, but not anything else during her first month in Ghana. Her friend, Julia, suggests that Gemma should sell her car as she will not use if during the 5 years that she will be stationed in Ghana. Gemma asks Julia to sell the car on her behalf when she is in Ghana. Gemma informs Julia that something is amiss with the car's gearbox. Within the very first week, Julia manages to sell the car to Ben, but forgets to inform him of the aforesaid. Soon thereafter Ben contacts Julia, tells her that he wishes to cancel the agreement and that he wants his money back as the car has severe damage to its gearbox which Julia did not inform him about beforehand. Julia informs Ben that it is not her car, and that she cannot pay him money which she does not have.

Indicate which party Ben should hold liable in this matter:

a. Julia as mandatary

b. Julia as agent (personal liability)

c. Gemma as mandator

d. Gemma as principal (undisclosed principal doctrine)

Theo concludes a transaction with Mary wherein he sells a large amount of Brazilian coffee to Mary on behalf of Coffee Co. In reality, however, he is not authorised to act on behalf of Coffee Co. Mary only realises this when she contacts Coffee Co. to explain that Venezuelan coffee was delivered to her instead of Brazilian coffee, and to request either a refund or an exchange.

Indicate the nature of the relationship ito Unit 3 between Theo and Coffee Co:

a. Commercial

b. Agency

c. Employment

d. Mandate

Dana contacts you for advice regarding persons who can form part of the Consumer Tribunal. Indicate which of the following individuals may do so: a. Mia - a sanctioned white collar thief

b. Cindy - a stay at home mother who previously worked in the credit regulating industry

c. Jackson - an unrehabilitated insolvent

d. Lora - the spouse of a credit provider accused of giving reckless credit

Merlin, a first year law student at LAW University, wants to move into student accommodation, Home@Varsity, that is situated walking distance from LAW University's main campus, in Bloemfontein, as her first semester is about to commence. After briefly meeting the landlord of Home@Varsity, Mark, Merlin and Mark sign a lease agreement that is valid from the 1st of March 2021 until the 1st of March 2022. Merlin is so excited afterwards that she immediately thereafter arranges and pays for the transport of her furniture from Johannesburg to Bloemfontein. The transportation company commences therewith the day before she is to move in at H..e@Varsity. However, the day before moving into Home@Varsity, Mark phones Merlin and informs her that she cannot move into Home@Varsity as he has decided to rent the room out to another student instead.

Determine if Mark is in breach of contract:

a. Yes- mora creditoris

b. Yes - repudiation

c. Yes- positive malperformance

d. Yes - partial performance

e. Yes- mora debitoris

Jack and Jill conclude an agreement wherein Jill sells her mixed Arabian thoroughbred horse to Jack for R100 000. However, Jill approaches you for advice as she does own such a horse -she only owns a donkey which she is emotionally invested in and cannot bear to sell.

Advise Jack on whether Jill breaches the contract by not providing him with the agreed upon horse:

a. No - it was a voidable contract (misrepresentation).

b. Yes- it was a valid contract.

c. No - it was an unenforceable contract (legality).

d. No- it was a void contract (consensus).

Jack and Jill conclude an agreement wherein Jill sells her mixed Arabian thoroughbred horse to Jack for R100 000 less than it is worth. However, Jill afterwards approaches you for advice as she is emotionally and financially invested in the horse, and cannot bear to sell it.

Advise Jill on whether the agreement is a valid, void, voidable or unenforceable:

a. Valid - all requirements are met.

b. Unenforceable - illegal

c. Void - missing consent element

d. Voidable - material mistake

Jack and Jill conclude an agreement wherein Jill must sell her mixed Arabian thoroughbred horse to Jack for R100 000. However, Jill approaches you for advice as she does own such a horse -she only owns a donkey which she is emotionally invested in and cannot bear to sell. As a result, she steals her neighbour's horse and delivers it to Jack.

Advise Jack on remedies available to him in terms of the above agreement:

a. Cancellation and compensation

b. Specific performance and compensation

c. Specific performance and cancellation.

d. Interdict and compensation

Merlin, a first year law student at LAW University, wants to move into student accommodation, Home@Varsity, that is situated walking distance from LAW University's main campus, in Bloemfontein, as her first semester is about to commence. After briefly meeting the landlord of Home@Varsity, Mark, Merlin and Mark sign a lease agreement that is valid from the 1st of March 2021 until the 1st of March 2022. Merlin is so excited afterwards that she immediately thereafter arranges and pays for the transport of her furniture from Johannesburg to Bloemfontein. The transportation company commences therewith the day before she is to move in at H..e@Varsity. However, the day before moving into Home@Varsity, Mark phones Merlin and informs her that she cannot move into Home@Varsity as he has decided to rent the room out to another student instead.

Advise Merlin on whether the lease agreement is a valid, void, voidable or unenforceable:

a. Voidable

b. Unenforceable

c. Void

d. Valid

Consider the following advertisement:

Brand new CAR for sale

R150 000

9.5% interest p.a.

Guaranteed loans (BANK credit provider)

Contact MV (Pty) Ltd today

After calling the national telephone number of MV (Pty) Ltd, as listed on Google, to enquire about the advertisement above, Daisy has been receiving calls on a regular basis from MV (Pty) Ltd's credit provider, BANK, to enter into a credit agreement to buy a brand new CAR from MV (Pty) Ltd. Much to her dismay, a BANK employee, without invitation, arrived at her house to convince her of the aforesaid. After failing at her house, the BANK employee follows her to her place of work insisting on speaking to her about this matter again

Indicate whether this advertisement MV above is in line with credit marketing practices in terms of the National Credit Act 34/2005:

a. Yes - it identifies both the credit provider and supplier which is required by law.

b. No - it contains unlawful statements that is prohibited by law.

c. Yes - it indicates what is being sold, what it would cost, the interest rate, etc.

d. No- it does not include all of the necessary information that must be in an advertisement.

Maria tries to loan an additional R200 000, on top of a previous loan, on to financially assist her daughter, Naledi, to complete her BML studies. However, Bank Credit Provider (BCP) informs Maria that she is over-indebted, but that another credit agreement with Maria can be concluded. Maria approaches you for advice as she is not acquainted with the provisions of the the National Credit Act 34 of 2005 (NCA).

This credit agreement would be: a)In line with the Act.

b)Void c)Reckless d)Unlawful

Maria tries to loan an additional R12500.00, on top of a previous loan, on to financially assist her daughter, Naledi, to complete her BML studies. However, Bank Credit Provider (BCP) informs Maria that she is over-indebted, but that another credit agreement with Maria can be concluded. Maria approaches you for advice as she is not acquainted with the provisions of the the National Credit Act 34 of 2005 (NCA).

The size of this credit agreement would be:

a. Medium

b. Large

c. Intermediate

d. Small

Lerato, a BML student with a gross income of R2500.00 (two thousand five hundred rand) per month, concludes a study loan with her mother, Leah, for R75 000.00 (seventy-five thousand rand). In terms of this agreement, Lerato will only pay interest of R900.00 (nine hundred rand) per month during the first 12 months of the agreement. Thereafter, her instalments will increase to R1800.00 (one thousand eight hundred rand) per month for a period of 48 months. In total, she will pay R97 200.00 (ninety-seven thousand two hundred rand) back to Leah. Lerato contacts you for advice after the initial 12 months period of the credit agreement as she suddenly finds herself in the position where she cannot afford to live off her income and also cannot afford to pay the instalments of the credit agreement.

This agreement causes Lerato to:

a. Be induced into an unlawful agreement.

b. Be overindebted

c. Be reckless

d. Be unable to apply for any other credit.

Lerato, a BML student with a gross income of R2500.00 (two thousand five hundred rand) per month, concludes a study loan with her mother, Leah, for R75 000.00 (seventy-five thousand rand). In terms of this agreement, Lerato will only pay interest of R900.00 (nine hundred rand) per month during the first 12 months of the agreement. Thereafter, her instalments will increase to R1800.00 (one thousand eight hundred rand) per month for a period of 48 months. In total, she will pay R97 200.00 (ninety-seven thousand two hundred rand) back to Leah. Lerato contacts you for advice after the initial 12 months period of the credit agreement as she suddenly finds herself in the position where she cannot afford to live off her income and also cannot afford to pay the instalments of the credit agreement.

Indicate whether this agreement would fall in the ambit of the National Credit Act, 34 of 2005:

a. Yes- it is a valid credit agreement.

b. No - Leah cannot be a credit provider ito the Act.

c. No - Lerato and Leah are closely related.

d. Yes - Lerato has bound herself to this agreement voluntarily.

Minnie accidentally bumps into Mickey with a trolley at the local grocery store. Mickey suddenly turns around and angrily rams the trolley into Minnie in front of the other shoppers. As a result, Minnie falls to the ground, breaks her pair of high heels, and is sworn at heavily by Mickey. Minnie approaches you for advice as she is unsure whether she can hold Mickey liable for his retaliatory attack on her.

Assume Mickey is delictually liable (for this question) and advise Minnie on the remedy available to her to hold Mickey delictually liable:

a. Actio Iniurarium & Interdict

b. Pain and suffering & Actio legis Acquiliae

c. Actio legis Acquiliae & Actio Iniurarium

d. Action for Pain and Suffering & Actio Iniurarium

Tom lives alone in an apartment in Langenhoven Park, Bloemfontein. One Monday morning, right before leaving for work, Tom notices a cloud of smoke coming out of his neighbour's window. Anna, his neighbour, also lives alone. However, unlike Tom, Anna works night shift on a Monday, and is usually sleeping soundly when Tom leaves for work on a Monday morning. As Tom is aware of the aforesaid, he knocks on her door, calls out her name, and phones her a few times, but to no avail.

Consequently, Tom kicks Anna's door in to gain entrance to her apartment. As he enters her apartment, he notices Anna standing in front of the oven with a TV headset on, waving a cloth frantically towards her backdoor to get rid of the smoke of her burnt cookies. Immediately, Tom remembers that Anna jokingly warned him a few days ago that she would be baking cookies for an office party on Monday morning, which might just bring about the demise of her apartment as she has never before baked cookies or used an oven.

Upon turning around, Anna notices that her front door has been kicked in and that Tom is standing in her kitchen. While Tom approaches Anna in a non-threatening manner, indicates to her to remove her headset, and asks her whether she is 'okay', Anna furiously picks a wooden spoon up and starts hitting Tom with it. During the process of hitting Tom, Anna cracks one of his front teeth.

Assume (for this question) that Anna can hold Tom delictually liable for the damage to her door. Advise her on the most appropriate remedy which she can use to hold Tom liable:

a. Actio legis Acquiliae

b. Actio Iniurarium

c. Action for Pain and Suffering

d. Interdict

Minnie accidentally bumps into Mickey with a trolley at the local grocery store. Mickey suddenly turns around and angrily rams the trolley into Minnie in front of the other shoppers. As a result, Minnie falls to the ground, breaks her pair of high heels, and is sworn at heavily by Mickey. Minnie approaches you for advice as she is unsure whether she can hold Mickey liable for his retaliatory attack on her.

Advise Minnie:

a. No, all the elements of a delict were satisfied except fault as Mickey did not intentionally hurt Minnie. Mickey cannot be held delictually liable for the injury to personality suffered by Minnie.

b. Yes, all the elements of a delict were satisfied. Mickey can be held delictually liable for the damage suffered by Minnie.

c. Yes, all the elements of a delict were satisfied - provocation cannot be relied upon by Mickey. Mickey can be held delictually liable for the damage and impairment suffered by Minnie.

d. No, all the elements of a delict were satisfied except wrongfulness as Mickey was provoked. Mickey cannot be held delictually liable for the damage suffered by Minnie.