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CML521C- COMMERCIAL LAW 1B - 2ND OPP-JULY 2022 |
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nAmlBIA
unlVERSITY
OF SCI En CE Ano TECH n OLOGY
FACULTYOF COMMERCE, HUMAN SCIENCES AND EDUCATION.
DEPARTMENTOF DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATION: DIPLOMA IN BUSINESS PROCESS MANAGEMENT
QUALIFICATION CODE: 06DBPM
LEVEL: 5
II
COURSECODE: CM L 512C
SESSION:
DURATION:
JUNE 2022
2 HOURS
COURSENAME: COMMERCIAL LAW 18
PAPER:
THEORY
MARKS:
100
II
SECONDOPPORTUNITYMEMORANDUM
EXAMINER(S) MS. E .WABOMBA
11
MODERATOR: MS. W. Shakela
INSTRUCTIONS
II
1. Answer ALL the questions.
2. Write clearly and neatly.
3. Number the answers clearly.
PERMISSIBLEMATERIALS
NONE
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QUESTION1
1.1 A
1.2 D
1.3 E
1.4 D
1.5 E
1.6 D
1.7 B
1.8 E
1.9 B
1.10 D
(20 MARKS]
QUESTION2
2.1 False, only if there is intention to pass ownership and seller is owner
2.2 False, putting the seller in possession of the thing
2.3 False, only movable as determined by the Minister
2.4 False, only if the contract is perfecta
2.5 False, only to the extent to which the thing materializes
(10 MARKS]
QUESTION3
• Latent defect
• Naturialia in a contract of purchase and sale
REQUIREMENT:
Requirements must be there as follows:
• Existed at the time of conclusion of the contract
• Renders the thing less useless or Completely useless
• Was not known to the purchaser at the time of conclusion of the contract
• It is not visible or perceivable
• The purchaser would not have bought the thing at the same price had he/she known of the
defect.
(7 MARKS]
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QUESTION4
4.1
• Suspensive- contract suspended until the happening of
• The uncertain future event
• Resolutive- contract commences immediately but
• Continuation of the contract is depended on uncertain future event (4)
4.2
• Contract depends on an certain future event
• Which might happen or not happen
• Rights and duties are suspended
• The contract is therefore suspended
• Until the happening/not happening
• Of such an uncertain future event
(6)
(10 MARKS]
QUESTION5
• Section 13 of the Credit Agreement Act of 1980 is applicable
• It is called a cooling off period
• The purchaser is given have days to re-think about the contract
REQUIREMENTS:
• It was initiated by the credit granter
• Takes place at the place which is a usual place of business of the credit granter
• Credit granter has 10 days to refund the money
[GMARKS]
QUESTION6
6.1
• Risk rule applicable, accidental damages pass to the purchaser once the contract is perfecta
• If there is the price
• Thing
• No condition
• Therefore the risk remains with the seller because of the condition
(5)
6.2
• If the loan is obtained
• The condition is fulfilled
• The contract becomes perfecta
• The purchaser pays the purchase price
• Even if the thing is not delivered.
(5)
(10 MARKS]
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QUESTION7
• Tacit hypothec
• Naturally included in a lease agreement
• It operates if the lessee in in arears
• Can attach the goods of the lessee on the rented property
• It is only movable properties
• The properties belonging to the third parties may be included
• If there is no notice given
• Goods bought in terms of the credit agreement also included
• To be excluded the credit grantor must give notice to the lessor that the goods are still on
terms.
• Peter may claim.
[lOMARKS]
QUESTION8
8.1 Overtime
8.2 Net payment
8.3 Maternity leave
8.4 Summary dismissal
8.5 Vicarious liability
[lOMARKS]
QUESTION9
9.1
• Vicarious liability
• Employer held liable for the delicts of the employee
• There must be employer-employee relationship
• In the course /scope of the business
• Promoting the employers interest
9.2 -'k-
• Summary dismissal
• Where there is a serious offence
• Section 33 of the Labour Act applicable
• There must be a valid reason
• Substantive fairness
• Procedural fairness
• Follow fair procedures
[12MARKS]
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QUESTION10
10.1
• Independent Contractor
10.2
• In the relationship of independent contractor
• The independent contractor must provide his own tools
10.3
• The independent contractor is not an employee, there to just to complete a certain task.
• Therefore, the independent contractor is liable.
[S MARKS]
END
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