3.2
A was renting G’s house. During the existence of the lease agreement, A made
improvements on the property. The lease agreement is almost coming to an end. Advise
A, on what the law states, on the different types of improvements.
(10)
[16]
QUESTION 4
ABC partnership is in a financial stress. They owe both themselves as partners and outside
creditors. John, one of the partners has offered a car for the partnership use. It is still in his
name and has not been transferred to the partnership. Answer the following questions.
(a) Can the partners view the car as part of the partnership fund?
(3)
(b) Would your answer be different if creditors also want to lay aclaim onthecar? (3)
(c) List different types of partnerships.
(3)
[9]
QUESTION 5
5.1 What is the difference between the risk rule and impossibility of performance? (5)
5.2
Jane and James entered into a contract of purchase and sale in respect of African clothing
material. Jane ordered 100 meters, for NS 10 per meter. There was no condition attached
to the contract. Just before the 100 meters were cut off from the main roll, a bottle of
wine spilled on the material and was badly stained. Who bears the risk?
(10)
53
Would your answer be different if James was supposed to deliver the material on
Thursday but failed to do so and the wine spills on the material on Friday?
(3)
[18]
QUESTION 6
6.1
A has rented a house from B. The lease agreement has a clause that states that the
lessor has a right to inspect the rented property from time to time. The lessee is not
happy with the clause and wants it removed. Advise the lessee.
(4)
6.2
in addition to the general requirements for a valid contract of lease agreement, parties;
must also agree on 3 essential characteristics (essentialia), name them.
(3)
[7]