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1. Explain whether an offer has been made in the following circumstances. Illustrate with decided
cases:
(a) Shasha advertises “Room to let, contact Shasha at 019-6091665”.
(b) Chong puts a CD in the shopping basket at the supermarket. At the cashier’s counter, he is told
that this is the last one and somebody has booked it.
(c) Daniel offered to sell his motorcycle to Joshua for RM 15, 000. Joshua told him that he would
pay only RM 12, 000.
Allison, a pregnant woman, was involved in a serious car accident last month. Her child, Zoe, was born three days after the accident with brain damage. Allison now wants to sue the Road Accident Fund, as she believes that the brain damage was caused by the accident. Will she be able to lodge a claim on behalf of a child who had not been born at the time of the accident? Provide authority for your answer
Complete AWLD citations for;
5. The United States of America, Plaintiff, versus The Miami University and The Ohio State University, Defendants, a case decided by the United States District Court for the Southern District of Ohio. This case was decided on March 20, 2000, and is reported at volume 91, page 1132, of Federal Supplement, Second Series.
7. State of Florida, et al. v. United States Department of Health and Human Services. Docket # 11-400, Came from the 11th Cir., Argued on 3/28/2012, Opinion rendered on 6/28/2012, Vote 5-4, Found on page 2566 of volume 132 of the Supreme Court Reporter and page 192 of volume 244 of the United States Reports.
8. Olivaw, Daneel, and Soong, Noonien, "Computer Software for the Positronic Brain as a Good Under the Uniform Commercial Code," vol.78 of American Law Reports, 3rd series, page 498.
9. Gandalf v. Sauron, 211 Florida App. Ct. 344, 490 S.E. 2d 652 (1973), affirmed, 566 Florida 412, 322 S.E. 788 (1974).
Susan is a paralegal in a one attorney office. She works for Mr. Robert Sharky. One Friday afternoon, attorney Sharky left early to take a flight to Las Vegas. He planned to be back on Monday. Bob Jones, one of the firm’s divorce clients, runs into the office and tells Susan he just shot his ex-wife when she came at him with a knife after an argument. He throws the smoking gun on the desk and asks Susan to hide it for him. Susan takes the gun and puts it into her desk drawer and locks the drawer. She plans to discuss the issue with her attorney when he gets back from his vacation on Monday. She tells Bob that the firm can help him avoid jail time since the wife instigated it and Bob shot her in self-defense. Bob leaves. That night Susan joins her friends for happy hour and tells them about what happened but she does not mention Bob’s name. After Susan tells the story, a news flash comes on the television at the bar and the story says the suspect in the wife shooting is Bob.
Question 3
Indicate the correct statement:
Law is always enforced by the state in the society it operates
(1) This statement is true
(2) This statement is false
(3) This statement is true only in relation to constitutional law
(4) This statement is true only in relation to civil law
15. The requirements for the reasonableness of an administrative order of a traditional leader include the following. Which of these does NOT define the reasonableness of the order?
(1) The consequences and effect of the order must be possible.
(2) The rights and freedom of subjects must not be exceedingly burdened by the exercise of discretion.
(3) The consequences and effect of the order must distinguish between age regiments.
(4) There must be no discrimination between individuals or groups, except where the law permits.
. (a) An example of involuntary conduct is a sleepwalker trampling on somebody.
(b) A legal duty to act positively may arise by virtue of the common law.
(a) Copyright protection is given to every possible intellectual creation.
(b) The Copyright Act 98 of 1978 gives us a list of various categories of works that are protected.
(c) If a creation cannot be classified as belonging to one of these categories, it will nonetheless still be protected.
[1] All the statements are correct. [2] All the statements are incorrect. [3] Only statements (a) and (b) are correct. [4] Only statement (c) is correct. [5] Only statement (b) is correct.
A member of the public who feels that a certain advertisement is misleading may --
(a) institute a claim against the advertiser and claim for false disparagement
(b) institute court proceedings against the advertiser on the grounds of passing off
(c) lay a charge at a police station for contravention of the Consumer Affairs (Unfair Business Practices) Act 71 of 1988
[1] Only statement (a) is correct. [2] Only statement (b) is correct. [3] Only statement (c) is correct. [4] Only statements (a) and (c) are correct. [5] Only statements (b) and (c) are correct.
(a) It is a fundamental principle of our law of evidence and criminal procedure that no person should be obliged to incriminate himself or herself (by being forced to answer questions, the answers to which may expose him or her to a criminal charge).
(b) If a journalist refuses to answer questions, a court cannot sentence him or her to a term of imprisonment.
(c) The provisions of section 205 of the Criminal Procedure Act, 1977 is inconsistent with the Constitution of the Republic of South Africa, 1996.
[1] All the statements are correct. [2] All the statements are incorrect. [3] Only statement (a) is correct. [4] Only statement (b) is correct. [5] Only statement (c) is correct.
