Other Law Answers

4.1 Indicate whether the following statements are TRUE or FALSE, by writing down 

only “True” or “False” as your answer:

(a) “Damage” refers to the sum of money a wrongdoer should pay as 

compensation for the harm he has caused the victim by committing a delict.

(1) 

(b) The Romans classified delicts committed by individuals against each other 

as private delicts. (1) 

4.2 What legal remedy is available to the victim of iniuria?

3.2 Read the following statements and identify whether the contract described in 

each is VALID, VOID or VOIDABLE. Write down only “valid”, “void” OR “voidable” 

as your answer: 

(a) John buys two tickets to a movie from Andile. John is under the impression that 

he is buying the tickets from a woman named Ayanda. (1)

(b) Xoli kidnaps Rabelani’s daughter and uses this as leverage to force Rabelani to 

sell his house to Xoli at a very low price. (1)

(c) Mia tries to convince Lientjie to buy her old coffee machine. Mia lies to Lientjie 

and tells her that the coffee machine was bought last month and that it had only 

been used twice. Based on this false information, Lientjie buys the machine from 

Mia. (1)

3.3 Did good faith once again become a contractual requirement in South African 

law after the judgment in Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers 

(Pty) Ltd 2012 (1) SA 256 (CC) was handed down? Explain your answer. (2)

3.1 Indicate whether the performance in the agreement concluded in the following 

scenario is a (a) specific performance, or (b) unspecified performance. Write 

down only “A” or “B” as your answer:

Orabile gets drunk and accidentally fires his pistol near the fence separating his 

farm from Mzu’s farm. The bullet from Orabile’s weapon kills Mzu’s bull. The bull 

has won awards at two local competitions. Orabile undertakes to compensate 

Mzu for his loss. He will pay Mzu the amount an independent appraiser 

determines as the value of the bull at the time of its death. 

Describe transformative constitutionalism in your own words. (2)

[2]

QUESTION 2: Learning unit 2

2.1 How is a real right enforced? (2)

2.2 Read the following scenario and answer the question that follows:

Leo has a servitude to draw water from the farm of his neighbour Barry. He is,

however, unable to draw the water as the pipe is blocked. Leo now demands that

Barry, as owner of the servient land, cleans and maintains the duct.

Is Leo’s claim correct? Provide a reason for your answer. (2)

2.3 Consider the current position on land reform as described in section 25 of the

Constitution of the Republic of South Africa, 1996 and answer the following

questions:

(a) Is expropriation without compensation currently possible under South African

law? Provide a reason for your answer. (2)

(b) Do you agree with the current expropriation arrangements, as set out in section

25? Provide a reason for your answer.

Share an example of a case where you have experienced that the law can contribute to a harmonious and peaceful society?

Has there been a conflict between cargo owners and ship-owners concerning the assignment of liability for damaging or losing cargo? Do you think the evolution of rules (from the Hague Rules -1924 to Rotterdam Rules- 2008)is unfair to cargo owners? Discuss 

The monarch is a single figure within a state in which the supreme authority is vested, for example, in the hands of a king or a queen. Monarchies such as those in medieval Europe operated on the principle of divine right, which posits that kings and queens derive their right to rule from a deity. Great Britain is a constitutional monarchy. Which one of the following functions is not regarded as a function of a monarch:

a.

Governs the country according to statutes, decrees, orders, ordinances and by-laws.

b.

Ensure that laws made by legislators are obeyed.

c.

Is the sole judge of the fair enforcement of the laws.

d.

Make all policies in the country.

The South African government system is regarded as a constitutional democracy. A constitutional democracy is a system of government based on popular sovereignty in which the limits of political authority (structures, powers) are set forth in a constitution, are clearly stated and the electorate has the power to remove poor performing governments. To achieve this, it is expected of government to do the following, EXCEPT FOR.

a.

Builds in checks and balances in the tax system.

b.

Institutes customary sovereignty of the voting public.

c.

Commands the exercise of political power.

d.

Admits the voice of the people to be heard through free, fair, and relatively frequent elections.

Clear my choice

All of the following options deal with the purpose of a code of conduct for South African public servants - select the option that describes the purpose of it the best:

a.

The code specifies the clear philosophies and ideologies as to what the government expects from its employees.

b.

The code promotes many qualities needed in public service delivery some of which are; lateness, composure, arrogance and performance.

c.

The code should act as a guideline to employees as to what is expected of them from an ethical point of view, both in their individual conduct and in their relationship with others.

d.

The code serves as a valuable reference, helping public employees to locate relevant documents, services and other resources related to morals, integrity and beliefs within the institution.

Clear my choice

Which of the following are regarded as factors necessary to provide a public service?

a.

Political leadership; funding; qualified staff.

b.

Job descriptions, fair labour practices; employment contracts.

c.

Dispute resolution procedures; policies; regulations.

d.

Leadership skills, organisational structures; budget.