 |
HTL510S - Hospitality and Tourism Law - 1st Opp - Nov 2025 |
|
|
1 Page 1 |
▲back to top |
nAmlBIA UnlVERSITY
OF SCIEnCE AnD TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCES AND EDUCATION
DEPARTMENT OF SOCIAL SCIENCES
QUALIFICATION: Hospitality and Tourism Law
QUALIFICATION CODE:
07BTID,07BCNA,07BOTM,07BHOM
LEVEL: 5
COURSE CODE: HTL 510S
COURSE NAME: HOSPITALITY AND TOURISM LAW
SESSION: OCTOBER 2025
PAPER: THEORY AND CASE STUDIES
DURATION: 2 HOURS
MARKS: 100
FIRST OPPORTUNITY EXAMINATION QUESTION PAPER
EXAMINER($) Ms Kirby Claasen
MODERATOR Ms Mariette Hanekom
INSTRUCTIONS
1. The paper has 8 questions.
2. ALL the questions are compulsory.
3. Read carefully before answering.
4. Number the answers clearly and according to the structure in the examination question
paper.
5. Use full sentences and proper paragraphs when answering questions. The inappropriate
use of bullet-points will be penalised, as will poor spelling and grammar and illegible
handwriting.
THIS PAPER CONSISTS OF 7 PAGES
|
|
2 Page 2 |
▲back to top |
QUESTION 1
Choose the correct answer from the given options in each of the following questions. There is
only ONE correct answer for each question. Negative marking will not be applied but answers to
questions will not be marked where more than one answer has been given. (2 marks each)
1.1 The most important law in Namibia is:
A. Common law
B. Legislation
C. The Constitution of the Republic of Namibia of 1990
D. Judicial precedents
E. Customary Law
1.2 The jurisdiction of a court is:
A. The authority to punish an accused for a crime.
B. To maintain peace and order within a specified community.
C. The authority it has to decide cases presented before it.
D. Determined by the seniority of the presiding officer.
E. None of the above.
1.3 Which statement is true in regard to offer and acceptance in our law?
A. An ordinary revocable offer may in general and in the absence of indications in its terms
or in relevant circumstances to the contrary, be accepted only by the person to whom it is
made.
B. An offer is revoked by the death of the offeror or offeree or by a counteroffer.
C. Offer and acceptance must be communicated.
D. All of the above.
E. Neither one of the above options.
1.4 A mistake regarding motive renders a contract:
A. Valid
B. Void
C. Terminated
D. Breached
E. None of the above
1.5 With regards to mistake and representation:
A. Misrepresentation renders a contract voidable whereas a material, reasonable mistake
renders a contract void.
B. Misrepresentation renders a contract void whereas a material, reasonable mistake
renders a contract voidable.
C. Both misrepresentation and a material, reasonable mistake render a contract voidable.
D. Both misrepresentation and a material, reasonable mistake render a contract void.
E. None of the above option
2
|
|
3 Page 3 |
▲back to top |
1.6 A and B conclude a contract in terms of which A sells his jet ski to B for R 15 000. The contract
states that B must pay the purchase price in full by no later than 10 April 2021. By 11 April 2021
B still hasn't paid. This form of breach is known as:
A. Defective performance
B. Mora debitoris
C. Prevention of performance
D. Repudiation
E. Cancellation
1.7 The risk which passes to the buyer when the contract is perfecta, is the risk of:
A. Negligent damages or losses
B. Accidental damages or losses
C. Loss or damages caused by the seller
D. Loss or damages caused by the purchaser
E. None of the .above
1.8 Merchants and manufacturers bear a greater burden in terms of the guarantee against latent
defects, because:
A. A purchaser is always entitled to institute the remedies of actio redhibitoria (cancellation)
or actio quanti minoris (price reduction)
B. A purchaser is always entitled to claim for consequential damages caused to the latter
by means of any latent defects unless s/he has expressly or impliedly contracted out of it.
C. Goods they sell or manufacture may not be sold voetstoots (as it stands)
D. Goods they sell are always sold at a sale in execution.
E. Latent defects in the goods they sell are always not known to the purchaser
1.9 When a seller delivers the thing sold to the purchaser, the purchaser is protected against
disturbance in his possession by virtue of:
A. Guarantee against latent defects
B. Passing of the risk rule
C. Claim for damages
D. Guarantee against eviction
E. None of the above
1.10 In terms of the Labour Act 11 of 2007 an employee is entitled to the following number of sick
leave days in a 3 year cycle ifs/he works 6 days a week:
A. 24 consecutive days
B. 30 calendar days
C. 30 working days
D. 36 working days
E. None of the above
3
|
|
4 Page 4 |
▲back to top |
1.11 Section 33 of the Labour Act 11 of 2007 stipulates that dismissal must take place:
A. In accordance with Section 47 of the Labour Act 6 of 1992
B. For a fair and valid reason and according to a fair procedure
C. If an employee is caught in the act of stealing from the employer
D. If the illness of an employee takes place for an unreasonably long period
E. Neither one of the above options
1.12 In the context of a contract of employment, the doctrine of vicarious liability prescribes that:
A. The employer is under certain circumstances liable towards third parties for the delicts
committed by the employee and the independent contractor.
B. The employer is liable to ensure the safety of the employee by taking precautions
against accidents that are reasonably foreseeable.
C. The employer is liable towards third parties for the delicts of the employee where an
employer/employee relationship exists, if such delict was committed in the course and
scope of his/her duties, and towards the promotion of the interests of the employer.
D. The employer is liable towards third parties for the delicts of the employee if such delict
was committed in the course and scope of his/her duties and towards the promotion of
the interests of the employer, except where the employer has expressly forbidden him/her
to do so.
E. The employer is liable towards third parties for the delicts of the employee if such delict
was committed in the course and scope of his/her duties and towards the promotion of
the interests of the employer, except where the deli ct was committed after hours.
1.13 A building contractor builds a wall for Jeremy. Before the wall is completed a river in the
vicinity floods and the wall is swept away. The contractor has no control over this flooding.
Who will bear the risk?
A. The building contractor
B. Jeremy
C. Jeremy and building contractor will share the damage.
D. The person on whose property the river runs.
E. The contract will terminate.
1.14 When a debtor intentionally or negligently does something, which makes performance
absolutely impossible, this is known as:
A. Supervening impossibility of performance
B. Objective impossibility of performance
C. Subjective impossibility of performance
D. Prevention of performance
E. None of the above
4
|
|
5 Page 5 |
▲back to top |
1.15 In terms of the Labour Act 11 of 2007 an employee is entitled to five (5) working days
compassionate leave during each period of twelve months for the death or serious illness of
family. Which of the following persons will not be considered as family for compassionate
leave in terms of the Labour Act?
A. Children including adopted children.
B. Adopted children.
C. Grandparents
D. Father/Mother in Law
E. Brother in law /Sister in Law
1.16 The essentialia of a contract of employment are:
A. Nature of service, remuneration and safe working conditions.
B. Nature of service and remuneration.
C. Nature of service, remuneration and subordination to the employer.
D. The employer has authority and control over the employee and will prescribe what, how
and when the work should be done.
E. Nature of service, remuneration and employer will provide the tools to enable the
employee to render the service.
1.17 One of the requirements for the transfer of ownership when a contract of sale has been
entered into, is (indicate the correct statement}:
A. That the thing must be free from latent defects.
B. The actual delivery must take place.
C. That the purchase price must be paid in cash.
D. That the seller must give the purchaser a warranty against eviction.
E. That the intention exists that ownership should pass.
1.18 Which of the following statements is false in relation to a contract of sale?
A. A seller need not guarantee that he is the owner of the things sold but needs to provide
the purchaser with a warranty that he will receive the thing free from encumbrances.
B. An implied warranty against eviction guarantees that no third party with a better title
will deprive the purchaser of his possession of the thing.
C. Where both the seller and buyer believe a thing to be sold exists, but it later transpires
that the thing does not, a valid contract is nevertheless concluded.
D. There cannot be a valid contract of sale if the parties concerned do not reach agreement
about the price.
E. None of the above options.
1.19 A lease may be renewed by agreement between the parties. An express agreement to re let
the property concluded during or upon the expiration of the lease is called:
A. Conventional Relocation
B. Tacit Relocation
C. Hire goes before sale
D. Landlord's tacit hypothec
E. None of the above
5
|
|
6 Page 6 |
▲back to top |
1.20 The Warsaw Convention applies to:
A. Domestic carriage of baggage
B. Domestic carriage of passengers
C. Only international carriage
D. Baggage other than that taken by the passenger inside the cabin
E. All of the above
[40]
QUESTION 2
Identify the legal concept/contractual term for each of the following:
2.1 Moses specified in his offer that John must respond on or before the 15th of March 2025. John
accepts the offer on the 17th of March 2025. (2)
2.2 An agreement that restricts the liberty of one or both of the parties to engage in specified
commercial activities for a specified period and/or within a specified geographical area. (2)
2.3 Where parties entered into an unlawful agreement, the contract is void and neither party can
institute a claim on the basis of unjust enrichment. (2)
2.4 Sally owes Joe N$ 400. Joe says that Sally no longer needs to repay him. Sally accepts this
offer. (2)
2.5 The payment made by the purchaser to the Receiver of Inland Revenue on the value of land
and fixtures sold. (2)
[10]
QUESTION 3
An offer is an expression of will by one party, the offeror, declaring the intention to be
contractually bound and setting out the rights and duties he/she wishes to create in the event of
the other party, the offeree, accepting.
3.1 List the requirements of a valid offer. (4)
3.2 Is an advertisement an offer? (1)
3.3 List the requirements of acceptance. (5)
[10]
QUESTION4
Identify the type of breach of contract that was committed in each of the following instances.
4.1 Lavinia lets a flat to Robert. In the written lease agreement Robert undertakes not to sublet
the flat to someone else and to give a month's notice if he wishes to vacate the flat. Robert,
however, unexpectedly receives a good job offer in New York and needs to start working
within 48 hours. (2)
4.2 Penny entered into an agreement with Hank, a builder, for a second garage to be built at her
residence. Two days before the project would have commenced, Hank calls Penny saying
that he is very sorry, but he does not have time to perform the work. (2)
6
|
|
7 Page 7 |
▲back to top |
4.3 The wholesaler is supposed to deliver 100 bags of cake flour but delivers 100 bags of self-
raising flour instead. (2)
4.4 Ruben enters into a contract of purchase and sale with Festus in terms whereof he buys a
second-hand refrigerator from Festus for N$ 1000. The parties agree that the payment price
will be paid within 24 hours of delivery. The refrigerator is delivered on the 5th of April 2025.
Suppose today is the 8th of May 2025 and the purchase price has not been paid as yet. (2)
4.5 Simon acquired a job as a salesman at Dial-a-Bed {Pty) Ltd. Two days before he was
supposed to assume duty, he departs to London to work as security guard for two years. (2)
[l0J
QUESTIONS
Name the five requirements that a plaintiff must prove in order to establish that a delict has been
committed.
{2 marks each) [l0J
QUESTION 6
6.1 Name the essential characteristics of a contract of lease. (3)
6.2 The lessee has certain duties automatically incorporated into a contract of lease. Name
these duties. (4)
6.3 The lessee of immovable property is protected by the rule "hire goes before sale" (huur gaat
voor koop"}. What is the purpose of this rule? (2)
6.4 A short term lease is a lease for which period? (1)
[l0J
QUESTION 7
Lazarus was a shuttle driver in the employment of Airport Transfers CC. While performing his
duties, he stopped at a filing station for fuel, lit a cigarette, which caused a fire in which a pump
attendant was injured. Discuss whether the employer (Airport Transfers CC) could be held liable for
the damage to the fuel station and the injuries sustained by the pump attendant.
[SJ
QUESTIONS
8.1 Name any three (3) functions of the Namibian Tourism Board in terms of the Namibia
Tourism Board Act 21 of 2000. (3)
8.2 Explain the abbreviations IATA and !CAO. (2)
[SJ
GRAND TOTAL= 100
(GOODLUCK!)
7