Question 1 (10 marks) MULTIPLE-CHOICE QUESTIONS Each of the following sub-questions contains one statement but with multiple possible answers. Only one of the answers is correct. Read each statement very carefully and then decide which one of the options is the correct one. In your examination script (answer book), write down only the sub-question number and next to it the letter that represents the answer you have selected. Example: If you believe that for sub-question 1.6, option C is correct, then write down: 1.6. C. | Which ONE of the following is NOT an authoritative source of South African law? (2) A Statutory law B Customary law C Foreign law D Judgements of the superior courts 12 What type of right is the right to claim performance from someone? (2) A real right B intellectual property right C personality right D personal right 1.3 Daniel is studying for a BCom-degree at STADIO. At one of the contact sessions he sees Marcia and feels very attracted to her. He approaches her, and they agree to meet for coffee at a specific time the next day. After he has waited for Marcia all afternoon, he decides to go home the next day. He feels that Marcia wasted his afternoon. He also bought four (4) cups of coffee and a designer sandwich while waiting for her. He would not have bought the coffee or sandwich if he had not been waiting for Marcia. Daniel decides to take legal action against Marcia. He only later hears that Marcia tested positive for Covid the morning that they were supposed to meet. Which ONE of the options provided below will complete the following sentence CORRECTLY? (2) Daniel's appointment with Marcia was NOT a contract because ... A their appointment was not in writing and signed by them. B they did not have the intention to create legally enforceable obligations. G it was not physically possible for Marcia to honour their appointment. D it was not juridically possible for Marcia to honour their appointment. 1.4 Steven and Gary agree orally that Steven will lease his olive farm to Gary on condition that Gary will annually give twenty (20) percent of the olives produced by him to Steven, as rent. Which ONE of the following statements is CORRECT? (2) A No contract of lease will come into being, because the amount of the rent is not certain or ascertainable. B No contract of lease will come into being because the rent must sound in money, that is, the lessee must compensate the lessor with money. C No contract of lease will come into being if it is agreed that Gary's stay on the farm is permanent. D No contract of lease will come into being because the agreement relates to immovable property and is not embodied in a written document. 1.5 Steve is mandated by Victor to find and buy him a 1968 Datsun Bakkie (van) with low mileage. Steve finds and buys a van but decides to also buy the trailer which was offered for sale at a very good price. Which ONE of the following statements is CORRECT? (2) A Steve can claim remuneration for the sourcing and the buying of the van from Victor. B Steve can claim remuneration for the trailer from Victor. C Steve can claim the expenses incurred in buying the trailer from Victor. D Steve cannot claim anything from Victor because he did what he was not supposed to do, by buying the trailer in addition to the van. Question 2 (13 marks) 2.1 South African law is derived from several sources. Distinguish between authoritative sources, and sources with merely persuasive authority. lllustrate with an example of each. (5) 2.2 Judgments of superior courts are an important source of South African law. Distinguish between the ratio decidendi and obiter dictum of a court judgment as a source of our law. (8) Question 3 (14 marks) 3.1 Peter opened a new coffee shop. He purchases his coffee beans from a supplier from Ethiopia. Gabriel approaches Peter to rather buy the coffee beans directly from him. He further threatens that if Peter does not enter into an agreement with him something might happen to Peter's family. Peter is aware of Gabriel's connection to a dangerous gang and to protect his family, Peter signs a contract with Gabriel to supply him with coffee beans at a higher price than what he is currently paying for the next twelve (12) months. Answer the following: 3.1.1 Discuss the requirements for a valid contract. (5) 3.1.2 Referring to the case study evaluate whether a valid, enforceable contract was concluded and what Peter would have to prove to avoid liability for performance in terms of the agreement. Also, indicate what remedies Peter would have at his disposal under these circumstances. (9) Question 4 (6 marks) In a contract of sale, the seller is obliged to deliver the item to the purchaser. Identify and briefly discuss the method of delivery in the following two case studies: 4.1 Vincent owns a cattle farm with 1 000 cattle. John buys 300 cattle from Vincent and pays Vincent for the cattle. Vincent puts the 300 cattle in a kraal and points them out to John so that John can exercise control over them. (3) 4.2 Grace buys a car from Paul. Grace pays Paul and Paul gives Graze the car keys. (3) Question 5 (10 marks) You are a paralegal at a prestigious insolvency law firm. One of your clients, Mr Nkosi, comes to the firm you are working at, to ask for legal advice. Answer the following questions: 1 Indicate what effect sequestration has on civil proceedings that have been instituted against the insolvent debtor in relation to the insolvent estate before a trustee has been appointed. (1) 5.2 Explain what a creditor, applying for compulsory sequestration, must prove before a sequestration order will be granted by the court. (4) 53 Explain what an impeachable disposition is and name four (4) impeachable dispositions. (5) Question 6 (6 marks) 6.1 With respect to unlawful competition, identify the form of infringement in the following scenarios: 6.1.1 GFC has spread an allegation that the fried chicken of Lando's is harmful to its competitors. 6.1.2 A taxi boss owner operating on the northern side of Pretoria has started assaulting the customers using the services of the taxis on the southern side of Pretoria. 6.1.3 A new fast-food restaurant, MacDonalds, has opened up a restaurant right next to the well-known fast-food restaurant, McDonald''s. MacDonalds uses the same distinct red and yellow colours on their packaging and the well-known 'M' logo on all their products which is identical to that of McDonald's. Customers buying from MacDonalds are under the impression they are buying from McDonald's. 6.1.4 Motorboat Company (Pty) Ltd uses the moulds of Boats Galore (Pty) Ltd to build its motorboats which Motorboat Company (Pty) Ltd sells at a profit. 6.1.5 A supplier of goods refuses to have trade relations with another undertaking. 6.1.6 Superior Electronics (Pty) Ltd is a company situated in the southern part of Johannesburg. The company sells laptops. Superior Electronics (Pty) Ltd advertises its products as 'the best in the country' and claims that the performance of its laptops is unmatched due to the superior quality of the components used in assembling the laptops. Upon investigation, it is determined that the company''s products barely function and that the components used to produce the laptops are of an inferior quality. Question 7 (16 marks) Write a short research-based essay in which you discuss repudiation as a form of breach of contract. Marks will be given for the following: A good introduction. (2 marks) A body that discusses the definition requirements of repudiation as a form of breach of contract. Also included in the body, is a case law discussion of at least three South African judicially decided cases that specifically dealt with repudiation as a form of breach of contract. (9 marks) Marks will be awarded for your case name (1), the issue before the court, (1) and the court decision. (1) A concise conclusion that draws everything together. (1 mark) Good academic writing. (1 mark) The prescribed referencing style of the Journal of Contemporary Roman-Dutch Law (THRHR) applies. The word limit is 1 000 words