Questions

Choose the correct answer from the given options in each of the following

questions. only write the correct letter next to the corresponding question number

$1.$ The following statement is true:

$($a$)$ A pupillus is unable to conclude a contract on his$/$her own.

$($b$)$ Spouses married in community of property have full contractual capacity for all contracts.

$($c$)$ All persons who squander their money are prodigals and accordingly have limited contractual capacity.

$($d$)$ Spouses married out of community of property have full contractual capacity for all contracts.

$($e$)$ An infans has limited contractual capacity.

$2.$ A person who falls under the category of an insolvent:

$($a$)$ Requires the assistance of his$/$her guardian for the conclusion of all types of contracts.

$($b$)$ Is unable to conclude any contract.

$($c$)$ Have full contractual capacity to contract.

$($d$)$ Requires the assistance $/$ consent of a trustee to conclude a valid contract of purchase and sale in respect of any asset of the insolvent estate.

$($e$)$ All of the above.

$3.$ If performance becomes impossible as a result of a flood after the conclusion

of a contract, the general rule is that such impossibility:

$($a$)$ Renders the contract void.

$($b$)$ Amounts to a breach of contract.

$($c$)$ Renders the contract voidable.

$($d$)$ Terminates the obligations in terms of the contract.

$($e$)$ None of the above.

$4.$ The following contract is valid:

$($a$)$ Sam enters into a contract with Fiona whereby he leases his house to her. Neither one of the parties knows that the house has been destroyed by a flood the previous day.

$($b$)$ Eric, working as a teller at NAMBANK, agrees with his colleague to share the N$ $1$ million that they would steal from the safe over the weekend.

$($c$)$ Joe sells a car to Jose, a businessman from Nigeria. Jose knows that the car is stolen.

$($d$)$ Petra, a woman married in community of property, sells, without the assistance of her spouse, listed shares belonging to the joint estate in order to buy other

listed shares on the Johannesburg Stock Exchange.

$($e$)$ Bertha concludes an agreement with her father in terms of which she undertakes to remain in a state of celibacy for the rest of her life.

$5.$ The parol evidence rule applies when:

$($a$)$ A dispute arises between the parties concerning a written agreement.

$($b$)$ A dispute arises between the parties concerning an oral agreement.

$($c$)$ A dispute arises between the parties concerning the obligations of the contract, which the parties decide to replace with new obligations.

$($d$)$ No dispute exists between the parties but the parties decide to substitute old obligations with new ones.

$($e$)$ None of the above.