Question 1

Kapofi leases his house to Nomcebo. Kapofi and Nomcebo agree that their contract of lease will come to an end when Nomcebo's son, Daniel comes from Dubai.

A year after the conclusion of the agreement, Daniel comes back from Dubai.

Which ONE of the following forms of termination of lease will take place?

a.

The lease agreement will not be terminated by effluxion of time because it was not known when the event will take place

b.

The lease agreement will be terminated by effluxion of time because its existence depends on the occurrence of a specified event

c.

The lease agreement will not be terminated by notice because the parties did not mention in their contract that the contract will be terminated by notice

d.

None of the given options

e.

The lease agreement will be terminated by notice because the contract is for an indefinite period

Question 2

Which ONE of the following statements describes the duties of a lessor?

a.

The lessor must deliver the thing let to the lessee, maintain the thing let in a proper condition and ensure the lessee's disturbed use and limited enjoyment of the thing let

b.

The lessor must exercise his or her tacit hypothec when the lessee falls into arrears with his or her rent

c.

The lessor must deliver the thing let to the lessee, maintain the thing let in a proper condition and ensure the lessee's undisturbed use and enjoyment of the thing let

d.

The lessor must conclude a new contract with the lessee upon expiry of their existing lease agreement

e.

The lessor must pay rent, take care of the thing let and must restore the thing let on termination of the lease

Question3

Which ONE of the following is a method of establishing authority in agency relationships?

a.

None of the above

b.

The agent acts for an undisclosed principal and exceeds authority

c.

The principal culpably creates the false impression that the agent has the authority to act on his or her behalf

d.

The principal repudiates the transaction after it was concluded

e.

The agent expressly authorises the principal

Question4

In which ONE of the following relationships is the authority of the agent NOT implied by law, but dependent on the consent of the principal?

a.

Close corporation and members of close corporation.

b.

Insane person and curator

c.

Board of Directors as an organ and company

d.

Estate agent and seller

e.

Guardian and minor

Question 5

S instructs K to negotiate with M for the purchase of M's property for an amount of $ 200 000. 2 days later K reports to S that M will not sell for less than $ 300 000. S later learns that K has bought the land for himself for $ 150 000 after K was boasting about the transaction at a tavern.

Which of the following statements is correct?

a.

S may ratify the sale of the land by M to K

b.

S may sue K for breach of good faith

c.

K has implied authority and S may have no recourse

d.

K had a right to purchase the land for himself in the circumstances

e.

S may sue on the basis estoppel

Question6

Anna leases a flat from Mbambo for $ 7500 per month in Dolam, Katutura. Anna falls into arrears with the payment of the rent.

Which ONE of the following statements is correct?

a.

If Anna pays the amount outstanding in respect of rental, the tacit hypothec remains operative in order to secure future rental.

b.

Mbambo has a tacit hypothec over a video recorder (on the leased premised) which Anna bought, although the seller has informed Mbambo that Anna has not paid the full purchase price.

c.

Mbambo does not have a tacit hypothec over a television set that belongs to Anna which is at Anna's grandmother's house in Okahandja Park.

d.

None of the available given options

e.

Mbambo has a tacit hypothec over furniture belonging to Anna, which Anna removed from the premises, when Anna was in arrears with the rent.

Question 7

S decides to lease one of his tobacco farms to T in the rural areas of Kavango East.

Which of the following terms may not be included in the contract of lease?

a.

None of the given options

b.

S gives T undisturbed use and enjoyment of the farm against payment.

c.

T has to pay S 20%of the profit of T's milk diary store in town as rent.

d.

T may rent the farm for 30 years

e.

T has to give S 20% of the yield of the harvest as payment.

Question 8

Which one of the following is a correct statement of law?

An agent is a person who acts on behalf of another:

a.

To promote the sales of his principal

b.

To give authority to the Principal

c.

When entering into contracts

d.

To improve a business's performance

e.

All of these answers

Question 9

The concept of agency arises when:

a.

A person, known as the agent, is not bound on the contract, but on the warranty of authority

b.

A person, known as the agent, performs a juristic act on behalf of another person, known as the principal

c.

All of the these answers

d.

A person with the necessary authority, known as the agent, can perform a juristic act on behalf of another person, known as the principal

e.

A person with the necessary authority, known as the agent, concludes a contract on behalf of another, known as the principal, and the principal ratifies the contract

Question 10

Andries is the owner of business premises in the city. He inherited the premises from his grandfather. Andries is still a student and therefore-does not use the property himself. In order to ensure that he receives an income from it,he leases the business premises for a period of five years to Jolly Jackson, the owner of a restaurant. A year later Andries wants to buy a new car and therefore wants to sell the property to Christa. Christa knows about the existence of the contract.

Andries approaches you to ask whether the lease agreement with Jolly Jackson will remain in force after he has sold the property

Which ONE: of the following statements is CORRECT?

a.

The lease agreement with Jolly Jackson will not remain in force. Ownership is transferred from Andries to Christa and Christa. the new owner, is not bound by the lease agreement with Jollv Jackson

b.

The lease agreement with Jolly Jackson will remain in force after the sale of the business premises to Christa and Christa is bound by the lease.

c.

The lease agreement with Jolly Jackson will not necessarily remain in force Christa. the new owner has a choice of withdrawing from the lease or continuing with it.

d.

The Formalities in respect of Leases of Land Act 18 of 1 969 provides that leases longer than five years shall not be binding on the purchaser of that immovable property. In this case Christa.

e.

Christa is not bound by the lease because as the new owner she has a right to do whatever she wants

Question 11

Which of the following statements regarding the Labour Act,11 of 2007 are INACCURATE?

A The Labour Act is the only source of minimum standards of employment.

B The Labour Act limits the freedom of the contracting parties.

C The Labour Act sets minimum standards on which the parties may contract.

D The Labour Act sets the minimum wage and leave that is to be awarded to workers.

a.

A and D

b.

C only

c.

D only

d.

B and C

e.

A and C

Question 12

Which of the following qualifies as "night work" in terms of the provisions of the Labour Act 11 of 2007?

a.

Work done at night

b.

Work done between the hours of 20h00 and 07h00.

c.

Work done between the hours 07h00 and 20h00

d

Work done from 20h00 and irrespective of when work ends

e

Not of the available given options

Question 13

Markus enters into a contract with the Namibia University of Science & Technology (Nust) in terms of which he undertakes to renovate their lecture buildings. They agree that the Nust will pay him the sum of N$150 000 for the work. Markus has a number of other contracts for renovations in Windhoek.

While Markus is busy with the renovations Mr Very Important has a meeting at the Nust offices. Joseph, one of Markus' labourers, accidentally drops a brick on Mr Very Important's Mercedes Benz AMG. He threatens to "drag the Nust and Markus through every Court in the country". What is the legal position in this regard?

a.

He can hold Nust liable for damages

b.

He can hold Markus vicariously liable

c.

None of the available given options

d.

He can not hold anyone liable

e.

He cannot hold Nust liable for damage

Question 14

Which of the following is not an essentialia for a contract of employment?

a.

Rent

b.

Premium

c.

All of the given options

d.

Risk

e.

Purchase price

Question15

Which of the following contract has only two essentialia for its formation?

a.

None of the available given options

b.

Contract of lease

c.

Contract of purchase and sale

d.

Contract of insurance

e.

Contract of employment

Question 16

CHOOSE the CORRECT STATEMENT

In the context of a contract of employment, the doctrine of vicarious liability prescribes that:

a.

The employer is liable towards third parties for the delict of the employee iF such delict was committed in the course and scope of his/her duties and towards the promotion of the interests of the employer unless the employer was expressly forbidden him/her to do so.

b.

The employer is liable to ensure the safety of the employee by taking precautions against accidents that are reasonably foreseeable.

c.

The employer is liable towards third parties for the delicts of the employee if such delict was committed in the course and scope of his/her duties and towards the promotion of the interests of the employer.

d.

The employer is under certain circumstances liable towards third parties for the delicts committed by the employee and the independent contractor.

e.

The employer is liable towards third parties for the delicts of the employee if such delict was committed in the course and scope of his/her duties and towards the promotion of the interests of the employer, unless the delict was committed after hours.

Question 17

All employees are entitled to maternity leave in terms of the Labour Act 11 of 2007

Select one:

True

False

Question 18

The Labour Act 11 of 2007 in its entirety does not apply to the members of the Namibian Police Force and Defence Force.

Select one:

True

False

Question 19

The duration of a lease contract can be left undetermined.

Select one:

True

False

Question 20

If the agent has apparent authority the principal must ratify the contract.

Select one:

True

False

Question 21

The duration of a lease contract can be left undetermined.

Select one:

True

False

Question 22

Decide in each of the following instances whether there is a valid contract of employment between the parties.

1.David is employed by Paint CC in order to paint a house. Unknown to either David or Paint CC, thehouse had burnt to the ground six months before the contract was concluded. VALIDOR INVALID

2.Steven and Michael enter into a contract. Steven is under the impression that he has contracted to build Michael a house, while Michael believes that Steven has offered him full-time employment as manager of a building site. VALIDOR INVALID

3.Peter, aged 14, approaches RatRace CC. RatRace CC had advertised a post in the local newspaper for a delivery boy. Peter agrees to the terms and conditions proposed by RatRace CC. VALIDOR INVALID

4.Joyce concludes an employment contract with Mrs C. Because Joyce can barely read, they conclude an oral employment contract. VALIDOR INVALID

5.Larry is employed as a merchant seaman. Because Larry can barely read, he and his employer enter into an oral employment contract {1}. VALIDOR INVA