QUESTION 1(10 MARKS)

Give a word or phrase for each of the following:

1.1 Andy had worked for Sammy's Service Station for the past 6 months and intends to resign. The

minimum period of notice stipulated by Section 30 of the Labour Act 11 of 1992 in Andy's

situation. (1 mark)

1.2 The employer's liability 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. (1 mark)

1.3 Termination of a contract of employment by an employer without notice. (1 mark)

1.4 In law one who is empowered to enter into a contract with third parties on behalf of a principal; the

principal and third party being as bound by such transaction as if they entered into it themselves

directly. (1 mark)

1.5 A formal written authority, setting out the scope of the agent's authority and signed by the principal.

(1 mark)

1.6 If a person represents by words or conduct that another person is his agent, and a third person

reasonably and bona fide acts on that representation to his prejudice, then the person who so

represented will be liable to such contract on this ground. (1 mark)

1.7 The rule that states that the seller will be relieved of his/her duty to deliver if performance becomes

impossible due to supervening circumstances, while the purchaser will still be liable for the purchase

price if the contract is perfecta. (1 mark)

1.8 The essentialia of a contract of employment (1 mark)

1.9 An initial amount of money paid, after the credit agreement contract is concluded, to validate it.

(1 mark)

1.10 A contract where, the price is paid regardless of what materialises. (1 mark)

QUESTION 2 (5 MARKS)

Simon enters into a contract with William. In terms of the contract Simon is responsible to build a house for William. They agree that William will pay him the sum of N$ 200 000 for the work to be conducted. The contract is signed on the 1st of October 2021.

2.1 Identify the type of contract entered into by the parties. (1 mark)

2.2 Simon informed William that he could only start working once William has provided him with the

necessary tools and equipment for the work. Advise William of his legal position in respect of Simon's

request. (2 marks)

2.3 If one of the workers working for Simon committed a delict while performing his job, who will be

responsible for the damages caused to a third party? (2 marks)

QUESTON 3 (8 MARKS)

An employee of NUST, Thomas, is acting within the course and scope of his duties, he negligently allowed gas to escape at kitchen that serves the student community and, as a result, a fire broke out. Mr. Tobias, a visitor to the premises of NUST at that time, suffered severe burn wounds and died as a result of his wounds a few weeks later.

3.1 Discuss whether Mr. Thomas's widow has the right to institute a claim against NUST. (5 marks)

3.2 In the contract of employment if the employer fails to comply with any of his obligations, what are

the remedies available to the employee? (3 marks)

QUESTION 4 (10 MARKS)

4.1 In the absence of an express agreement regulating the authority and/or power(s) of an agent, such

authority and/or power(s) can be implied by operation of law. Compare the implied authority of the

board of directors of a company, a single director, the managing director and the members of a Close

Corporation. (5 marks)

4.2 Shilongo owns a restaurant and, from time to time, commissions Olivia to buy wine for the business.

On one occasion, Olivia, without authority, buys from Petrus a consignment of wine that she thinks

Shilongo will like. Once Shilongo has heard of Olivia's transaction, he tells Petrus that he wants to

take the wine. Later, Petrus refuses to deliver the wine when he learns that he can get a better price

elsewhere. Advise Shilongo. (5 marks)

QUESTION 5 (7 MARKS)

WWW store specializes in selling tinned meat. Tom has been a regular customer to the shop.

On this occasion Tom bought some tinned meat and after consuming it, he developed some

food poisoning. WWW store claim they were unaware of the damaged meat. Is there any

right of recourse accorded to Tom in terms of the law? Discuss fully.

QUESTION 6 (10 MARKS)

6.1 WWW store specializes in selling tinned meat. Tom has been a regular customer to the shop.

On this occasion Tom bought some tinned meat and after consuming it, he developed some

food poisoning. WWW store claim they were unaware of the damaged meat. Is there any

right of recourse accorded to Tom in terms of the law? Discuss fully. [6 marks]

6.2 What is the difference between a suspensive condition and resolutive condition in the

contract of purchase and sale under the Credit Agreement Act? [4 marks]