CLA1503 TEST BANK

CLA1503 TEST BANK

QUESTION 1

Which ONE of the following legal systems is the basis of the South African legal system?

1.      Dutch law

2.      Roman law

3.      English law

4.      Roman-Dutch law 4 is CORRECT.

Explanation

The works of the Roman-Dutch jurists, the statutes of Holland and the collections of old Dutch opinions and court decisions, form the basis of the South legal system.

QUESTION 2

Constitutional supremacy means that...

1.      there may be no interference with judicial independence when a court applies the Constitution.

2.   the Constitution is the highest law of the country and any law which is contrary to its provisions may be declared invalid. 2 is CORRECT.

3.      Parliament is the highest legislative body and is entitled to make legislation without any interference.

4.      no right given by the Constitution may be limited.

Explanation

Constitutional supremacy means that the Constitution is the highest law of the country. Any law which is contrary to its provisions may be declared invalid.

QUESTION 3

In 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 attend the party because they prefer to attend a street party on the same time and date in Sandton.

2.      Nicolas enters into a agreement with himself 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. The shoes will be delivered at his flat in Pretoria. The shoes will be delivered at his flat in Pretoria. 3 is CORRECT.

4.      Reeze undertakes to sell the moon and one star to Shana for R500.

Explanation

All five requirements for a valid contract have been satisfied. Online contracting is possible in terms of the Electronic Communications and Transactions Act 25 of 2002 which regulates electronic contracts.

QUESTION 4

Mandla is a general dealer. He needs to appoint a sales person and to replace his delivery van with a bigger vehicle. If Mandla finds a buyer for the van and a suitable sales person he will conclude two contracts: a contract of sale in respect of the old vehicle and a contract of employment with the suitable applicant.

Which ONE of the following persons does NOT have the full capacity to conclude both of the contracts with Mandla?

1.      Gloria, seventeen years old, who has been married to Dan for the last two years. They are married out of community of property.

2.   Steven, whose estate was sequestrated after he lost a fortune in a shady business deal. Steven has not been rehabilitated yet. 2 is CORRECT.

3.      Arthur, who is married in community of property to Stella.

4.      Themba, sixteen years old, whose parents left him behind when they immigrated to America because he had his own job and flat.

Explanation

Steven, as an unrehabilitated insolvent may not take up employment with a general dealer without the consent of his curator. Mandla is a general dealer. Steven will need the consent of his curator to enter into the contract of sale because the purchase of the van may have a negative effect on the insolvent estate. Steven can therefore not conclude either of the contracts independently.