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CML112S - COMMERCIAL LAW - 2ND OPP - JAN 2020 |
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NAMIBIA UNIVERSITY
OF SCIENCE AND TECHNOLOGY
FACULTY OF HUMAN SCIENCES
DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATIONS: VARIOUS
QUALIFICATION CODE: VARIOUS
COURSE NAME: COMMERCIAL LAW 1B
SESSION: JANUARY 2020
DURATION: 2 HOURS
LEVEL: 5
COURSE CODE: CML 1125S
PAPER: THEORY & CASE STUDIES
MARKS: 100
SUPPLEMENTARY/SECOND OPPORTUNITY EXAMINATION
EXAMINER(S) | Mr. B Tjatjara/Adv. Saayman/Ms. R Van Zyl/Mrs. H Von Alten
MODERATOR:
Ms. N Hijarunguru
INSTRUCTIONS
Answer ALL the questions.
Write clearly and neatly.
Number the answers clearly.
Number answers according to the numbering structure in the
examination question paper.
5. Candidates will be penalised for incorrect and illegible spelling
PERMISSIBLE MATERIALS
[None]
THIS QUESTION PAPER CONSISTS OF 5 PAGES (Excluding this front page)
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Question1
Choose a correct answer from the alternatives provided for each statement by merely indicating the
letter with the correct answer. USE BLOCK CAPITAL LETTERS.
1.1.
Which ONE of the following is not a right of a credit receiver in terms of the Credit Agreements
Act 75 of 1980?
(a) The right to payment;
(b) An opportunity rectify breach;
(c) The right to re-instatement;
(d) None of the above.
1.2; The following is not a requirement for a latent defect.
(a) Defect is visible or perceivable by the precise person;
(b) Defect existed at the time of the conclusion of the contract;
(c) Defect was not known by the purchaser at the time of the conclusion of the contract;
(d) All of the above.
1.3.
Which one below is not a remedy for a purchaser when a seller fails to deliver a thing
purchased in a contract of sale?
(a) Price reduction;
(b) Cancellation;
(c) Claim for damages;
(d) None of the above.
1.4.
Which of the following duties of the seller in a contract of purchase and sale operates ex
lege or tacitly and means that the seller has to ensure undisturbed use and enjoyment of a
thing sold by the purchaser?
(a) Guarantee against latent defect;
(b) Guarantee against eviction;
(c) Guarantee for eviction;
(d) None of the above.
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15.
The following is an example of a contract of purchase and sale that is subject to a resolutive
condition?
(a) Voetstoots sale;
(b) Sale by description;
(c) Sale by sample;
(d) None of the above.
1.6.
en enn is a rule which applies to the duty of the seller to keep a thing in safe custody
(a) Impossibility of performance;
(b) Passing of the risk rule;
(c) Buyer beware rule.
(d) None of the above.
1.7. The following is not a requirement for the mere conclusion of a contract of purchase and sale.
(a) Ownership;
(b) Purchase price;
(c) Intention to buy and sell;
(d) A thing.
1.8.
In which instance will the contract of purchase and sale be perfecta?
(a) Goods must still be measured, weighed or counted;
(b) Goods must still be isolated;
(c) Contract is subject to a suspensive condition;
(d) Contract is subject to a resolutive condition.
1.9.
Which of the following is a right of the credit receiver in terms of section 11 of the
Credit Agreements Act 75 of 1980 as amended?
(a) Right to re-instatement;
(b) Right to a cooling off period;
(c) Right to rectify his or her breach;
(d) None of the above.
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1,10. Which of the following goods are subject to the landlord’s tacit hypothec?
(a) Movable goods of the landlord;
(b) Movable goods of the tenant on the leased premises;
(c) Movable of goods of the tenant where ever they are;
(d) All of the above.
1.11. Which of the following sale of goods can be described as ad mensarum?
(a) Goods must still be weighed, measured or counted;
(b) Goods must still be isolated;
(c) Goods are already measured;
(d) All of the above.
1.12. The following goods cannot be sold
(a) Stolen things;
(b) Res sua;
(c) Both (a) and (b) above;
(d) None of the above options;
1.13. The following leave is not provided for in the Labour Act 11 of 2007
(a) Maternity leave;
(b) Sick leave;
(c) Paternity leave;
(d) None of the above;
1.14. Which of the following is not a requirement for valid agency?
(a) The agent must be authorised;
(b) The principal need not exist;
(c) The principal must exist;
(d) None of the above.
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1.15. seeeaeeees is an example of an unaccepted practice at the workplace?
(a) Drunkenness;
(b) Violence;
(c) Gross negligence;
(d) All of the above.
Each correct answer is worth 2 Marks
[30]
QUESTION 2
State whether each of the following statement is true or false. NO MOTIVATION REQUIRED.
2
The Credit Agreements Act 75 of 1980 only applies to credit transactions.
2.2.
The Credit Agreements Act 75 of 1980 only applies to contracts for the sale or lease of movable
goods as declared by the Minister.
23)
Failure to comply with formalities in terms of section 5 of the Credit Agreements Act 75 of
1980 when concluding a credit agreement makes the agreement invalid.
2.4.
A credit grantor may not lend money to the credit receiver to pay the deposit.
2.5.
It is not necessary that the initial payment (deposit) must first be paid before the credit
agreement will be valid.
2.6.
A credit receiver has a right to re-instatement in terms of section 9 of the Credit Agreements
Act 75 of 1980.
Qed
A credit receiver has a right to payment in terms of a concluded credit agreement.
2.8.
The landlord’s tacit hypothec does not attach goods bought in terms of a credit agreement
even if the landlord was not notified because they do not belong to the tenant.
2.9.
A period of a credit agreement can be left undetermined.
2.10. Section 13 of the Credit Agreements Act 75 of 1980 refers to a cooling off period.
Each correct answer is worth 2 Marks
[20]
QUESTION 3
Answer the following short questions
3.1
Name the duties of the lessor and lessee in a contract of lease.
(7)
3.2.
Distinguish between indemnity and non-indemnity insurance.
(3)
3.3.
List five (5) examples of original works that are eligible for copyright in terms of the Copyright
and Neighbouring Rights Protection Act 6 of 1994.
(5)
3.4.
What are the general requirements for the formation of a contract of employment?
(5)
[20]
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QUESTION 4
Wilson bought a 2012 Toyota Land Cruiser V6 motor vehicle from Peter for NS 300 000.00. After two
months of the purchase and at the Okahandja-Windhoek Road Block on 01 January 2020, the Police
seized the vehicle, on suspicion that it had been stolen after discovering that the vehicle engine
number had been tampered with. Advise Wilson of the legal position in this regard. Discuss the
applicable legal principles fully.
[10]
QUESTION 5
Felix selects and buys 20 laptop screens from PC Centre Store at the Groove Mall on Friday. He
arranges to pick up the computers on Monday. The laptop screens that Felix selected are set aside in
a storeroom. Felix and the store owner agree that the price for the screens will be NS 30 000. During
the weekend, lightning strikes the storeroom in which the screens are kept. The screens are
completely destroyed. Advise Felix whether he should pay for the screens or not. Discuss fully. [10]
QUESTION 6
6. Name any five (5) methods of termination of each of the following contracts:
(a) Insurance contract.
(5)
(b) Agency contract.
(5)
[10]
END OF EXAM PAPER
TOTAL (100 MARKS)