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Morake owes Ismael an amount of R70 000. Morake and Ismael enter into an agreement in terms of which Ismael will cancel 30% of the debt if Morake agrees to sponsor Ismael’s visit to the “Blue House” brothel.
Which ONE of the following statements is CORRECT?
1 Morake and Ismael’s contract is lawful because they have reached consensus.
2 Morake and Ismael’s contract is lawful because they both have capacity to enter into juristic acts.
3 Morake and Ismael’s contract is unlawful because their agreement is partially enforceable.
4 Morake and Ismael’s contract is unlawful because their agreement is contrary to good morals
which ONE of the following situations was a VALID contract concluded?
1 Sally engages a professional seafood caterer to provide seafood for her birthday party, to which twenty guests have been invited. All the guests confirm that they will attend Sally’s birthday party. The day before the party, ten of the guests inform Sally that they will not be able to attend the party because they prefer to attend a street party at the same time and date in Sandton.
2 Nicolas makes a new year’s resolution and undertakes that he will save R500 each month by paying R500 into his savings account on the first day of each month.
3 Peter purchases a new pair of running shoes for R600 on the official website of Nike.
4 Reeze undertakes to sell the moon and one star to Shana for R500.
Jaco is a famous inventor of new, environmentally friendly trucks. He stands in his ultra-modern workshop admiring the revolutionary new electrically powered truck that he designed for the company, Big Trucks, which still owes him R5 000 000.
This sentence contains four legal objects, one from each of the four categories of Jaco’s subjective rights. The R5 000 000 owed to Jaco is an example of …
1 a real right.
2 a personality right.
3 a personal right.
4 an immaterial property right.
Which ONE of the following sources will a South African lawyer consult on Roman law?
1 the Constitution of the Republic of South Africa, 1996
2 Customary Law
3 the Corpus Iuris Civilis
4 South African Statute Law
Kgotso and Mosidi arrange telephonically to meet at Ahmad’s coffee shop at 19h00 the next day.
(i) Does a contract arise between Kgotso and Mosidi? Motivate your answer.
(ii) Name any three of the requirements of offer and accedptance .
Name and describe two categories of persons that are recognised by the law.
State whether the following statement is True or False:
Where the parties have agreed that the creditor can cancel the contract in the event of the debtor’s fault, the creditor will be able to cancel the contract even if the default is not a material breach
Define and give one example of duress.
Moses enters into a contract of sale with Xolile to buy a new truck from him (Xolile) one month after Simon’s death. Answer the following questions:
(i) Distinguish between a time clause and a condition.
(ii) Describe the legality of the contractual relationship between Moses and Xolile.
(iii) Name and describe the type of clause applicable in this case
An omission to act is only punishable if there is a legal duty upon a person to act positively”. List the instances in which a person has a legal duty to act positively.
