MULTIPLE CHOICE QUESTIONS

A contract is said to be perfecta when:

a.

The thing sold has not been specified.

b.

None of the above.

c.

The price is not fixed and not ascertainable

d.

The contract is conditional.

Question2

The seller has an obligation to guarantee the purchaser against eviction but cannot be liable to pay compensation to the purchaser if the thing is returned to the true owner.

Select one:

True

False

Question3

Emptio spel: Angel sells the whole rice crop that she hopes to produce at the end of the season to Saint for N$ 5000.The purchaser Saint may not pay the full purchase price if the expected crop of 300 bags do not materialise as a result of the crops been damaged by floods.

Select one:

True

False

Question4

For a valid formation of a contract of purchase and sale, there must be consensus between the seller and the buyer with regards to their intention to buy and sell but necessary about the merx and price.

Select one:

True

False

Question5

A valid and binding contract can be concluded and enforced by the parties where the principal has no contractual capacity but authority arises from the operation of the law.

Select one:

True

False

Question6

The founder of a trust fund determines which of his assets to be transferred with the help from the?

a.

Beneficiaries.

b.

Corporate investors.

c.

None of the above.

d.

Trustees

Question7

Authority given by the principal to the agent to represent him may be express, or may be implied by the law or on facts. where such authority does not exit, the lack of authority may be cured by ratification or estoppel, so that agency still arises.

Select one:

True

False

Question8

A valid contract of purchase and sale is possible with regards to things that already belong to the purchaser (res sua)

Select one:

True

False

Question9

The guardian of a minor has the authority to conclude juristic acts on their behalf.

Select one:

True

False

Question10

An agent may delegate his authority where necessary and appropriate with the express or tacit permission of the principle.

Select one:

True

False

Question11

Specific performance is the appropriate remedy for a buyer who desires cancellation and / or damages.

Select one:

True

False

Question12

A Res aliena are things belong to the seller and may be sold.

Select one:

True

False

Question13

One of the most important characteristics of a close corporation is that?

a.

All members must be natural persons or trustees of natural persons.

b.

All of the above.

c.

A close corporation may not have more than 10 members

d.

The transfer and acquisition of members' interest are not liable to duty stamp.

Question14

S sells a car to P. Pay pays the purchase price. The parties agree that S needs not deliver the car to P, as S will rent the car for three months from P. what form of delivery took place?

a.

Registration of transfer in the deeds registry.

b.

Constitutum possessortum

c.

Actual Delivery

Question15

Tacit authority is given when an agent performs certain related acts in the course of performing certain juristic act in which he had been general authority.

Select one:

True

False

Question16

Emptio rei speratae: the term refers to a situation where the purchaser must pay the full purchase price although the expected quantity did not materialise.

Select one:

True

False

Question17

ownership is not an incidentialia but an essentialia of a contract of purchase and sale.

Select one:

True

False

Question18

The curator of an insane person is appointed by the court and the extent of the curator's authority is determined by the court.

Select one:

True

False

Question19

Articles of Association of a company regulates the authority of directors or a particular director to act on behalf of that company.

Select one:

True

False

Question20

The formation of a trust requires a founder or settlor who must transfer assets to?

a.

Beneficiaries.

b.

Trustees

c.

Corporate managers.

Question21

Which of the following is not a duty of the Purchaser?

a.

Pay the transfer duty.

b.

Guarantee against eviction.

c.

Reimburse the seller for expenses.

d.

All of the above.

Question22

P borrows a book from S. P likes the book so much that he decides to buy the book from S. P sends the money to S, and keeps the book. what form delivery took place?

a.

Shorta manu

b.

Longa manu

c.

Quick delivery.

d.

Brevi manu.

Question23

S sells his house t P. What form of delivery took place?

a.

Actual delivery

b.

Registration of transfer in the Deeds registry.

c.

Longa manu

d.

Brevi manu

Question24

A Del Credere agent is an agent who undertakes responsibility for the contract price of whom he introduces to the principal.

Select one:

True

False

Question25

In terms of the principal of mutual mandate, every partner has the power to bind the partnership in transactions falling within the normal partnership business.

Select one:

True

False

Question26

Authority is usually originated from or granted due to the existence of a contractual relationship between both parties.

Select one:

True

False

Question27

A contract entered into in respect of an article that the seller must still manufacture according to the purchaser's specification and the material is provided by the purchaser is also called a contract of purchase and sale.

Select one:

True

False

Question28

A contract of purchase and sale can be described as a reciprocal agreement in terms of which one person undertakes to deliver a thing to a person and the latter undertakes not to pay a price for the thing.

Select one:

True

False

Question29

The court will treat the contract as a valid contract of purchase and sale where the seller agrees to seller his car valued at N$30000 to a buyer but that the buyer will give the seller his piece of land at Tutugeni value at N$ 25000 and N$5000 in cash.

Select one:

True

False

Question30

S sells a packet of apples to P. P pays the purchase price. S hands over the apples to P. what type of delivery took place?

a.

Actual delivery.

b.

Constitutum possessorium

c.

Longa manu.

d.

Brevi manu