CLA1501/001/3/2021

Tutorial Letter 001/3/2021

Commercial Law

Semester 1 and 2

Department of Mercantile Law

IMPORTANT INFORMATION
Please register on myUnisa, activate your myLife e-mail account and
make sure that you have regular access to the myUnisa module
website, CLA1501-2021-S1/S2, as well as your group website

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CONTENTS
Page

ASSESSMENT CHANGES for 2021 ACADEMIC YEAR ......................................................................... 3

1.1 Assignment due dates .................................................................................................................. 3
1.2 The assignments .......................................................................................................................... 4
1.3 Other assessment ....................................................................................................................... 13
1.4 The examination ......................................................................................................................... 14

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 CLA1501/001/3/2021

Dear Student

ASSESSMENT CHANGES for 2021 ACADEMIC YEAR

Due to the ministerial request to extend the 2021 registration dates, Unisa had to amend both the
semester dates and the assessment arrangements for the 2021 academic year.
During 2021 we will have only one semester and only one tuition and assessment period.
The purpose of this TL001 is to inform you of the new assessment requirements for module
CLA1501 for students registered during 2021 for the one semester period.

1.1 ASSIGNMENT DUE DATES

NB: There will be one due date for both semester 01 and 02 due to the change in the 2021
academic calendar.

Assignment number Due date

Assignment 01 18 May 2021

Assignment 02 06 July 2021

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1.2 THE ASSIGNMENTS

1.2.1 ASSIGNMENT 01 (Compulsory for exam admission)

UNIQUE NUMBER:
548389 Semester 1 and 824496 Semester 2
CLOSING DATE: 18 MAY 2021

QUESTION 1

Indicate whether the following statements are TRUE or FALSE and provide a REASON for
each of your answers:

1.1 South African law is codified.

(2)

1.2 Every human being, from a new-born baby to an adult, is legal object, and every human
being can have rights and duties.
(2)

1.3 At an auction, the auctioneer’s offer is to sell to the fastest bidder, and it is this offer which
is accepted by the bidder who makes the fastest bid.
(2)

1.4 Sphiwe makes and offer to lease Mishak’s car subject to the condition that he obtains a
promotion and and increase in his salary within six months. This is an example of a
resolutive condition.
(2)

1.5 African customary law is very familiar with the concept of morality, which is known as
ubuntu.
(2)
[10]

QUESTION 2

2.1 More agreements are being concluded electronically - the Electronic Communications and
Transactions Act 25 of 2002 stipulates that electronic messages are recognised as writing
if the document or information is accessible for future use. However, there are a few
exclusions. Which transactions are excluded, in other words, which transactions cannot
be entered into electronically?
(4)
[4]

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QUESTION 3
3.1 Erna owes Jack money in respect of several debts. She makes a payment to Jack but
fails to stipulate which debt(s) she wishes to redeem. Which principles apply if the debtor
(in this case Erna) fails to make an allocation?
(4)
[4]

QUESTION 4

4.1 What is the major consequence of the cancellation of a contract?

(2)
[2]

TOTAL: ASSIGNMENT 1: [20]

1.2.2 ASSIGNMENT 02

UNIQUE NUMBER:
553723 Semester 1 and 889400 for Semester 2
CLOSING DATE: 06 JULY 2021

QUESTION 1
Mr and Mrs Maduna want to apply for a divorce.

Which of the following courts can hear their matter?

1 The Supreme Court of Appeal.

2 The Constitutional Court.
3 The High Court or a Regional Magistrate’s Court.
4 Only a Regional Magistrate’s Court.
(2)

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QUESTION 2
In front of ten other people, Anna calls Jim a thief and a pervert. Offended by these statements,
Jim wishes to sue Anna.

Which of Jim’s rights has Anna infringed?

1 A personality right.
2 A personal right.
3 A real right.
4 An intellectual property right.
(2)

QUESTION 3
Which ONE of the following is NOT a requirement for the conclusion of a valid contract?

1 The contract must be permitted by law.

2 The contract must be in writing, signed and dated.
3 There must be consensus between the parties.
4 Each party to the contact must have capacity to act.
(2)

QUESTION 4
Aaron makes an offer to buy Tumelo’s motor car for R100 000. He gives Tumelo 10 days to
accept his offer. On the ninth day Tumelo informs Aaron that he accepts the offer, but that he
wants an amount of R120 000.

Which ONE of the following statements is CORRECT?

1 A contract came into existence between Aaron and Tumelo with a purchase price of R120
000.
2 A contract came into existence between Aaron and Tumelo with a purchase price of R100
000.
3 Aaron’s offer still stands.
4 No contract came into existence between Aaron and Tumelo as Tumelo made a counter-
offer, which has not yet been accepted.
(2)

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QUESTION 5
Donnie, a sixteen-year-old boy, inherited horses worth R100 000 from his late grandmother.
Donnie lives in a flat with his parents. He would therefore like to sell the horses and invest the
money.

Which ONE of the following statements is CORRECT?

1 Donnie needs his parents’ assistance to sell the horses because the value of the horses is
more than R50 000.
2 Donnie does not need his parents’ assistance to sell the horses because he inherited them.
3 Donnie does not need his parents’ assistance to sell the horses because he reached
majority at the age of fourteen.
4 Donnie needs his parents’ assistance to sell the horses because he is a minor.
(2)

QUESTION 6
Which ONE of the following agreements is lawful?

1 A contract which is against public policy.

2 A contract which is unreasonable or unjust.
3 A contract which is contrary to good morals.
4 A contract which is contrary to a statute. (2)

QUESTION 7
Abel and Joe agree that Joe will buy a piece of land from Abel for R600 000. Abel writes a
contract of sale on the back of an old invoice, and Abel and Joe then sign it.

Which ONE of the following statements is CORRECT?

1 A valid contract for the alienation of land was concluded since the contract was in writing
and signed by the parties to it.
2 A valid contract for the alienation of land was concluded since no formalities are required
for the alienation of land.
3 No valid contract for the alienation of land was concluded since the required formalities for
the alienation of land were not complied with.
4 No valid contract for the alienation of land was concluded and the parties will have special
enrichment actions against each other because of non-compliance with the prescribed
formalities.
(2)

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QUESTION 8
Mary enters into an agreement with her friend Sylvia in terms of which Mary will use Sylvia’s
house until she buys her own house.

This is an example of a __________.

1 Resolutive condition.
2 Suspensive condition.
3 Resolutive time clause.
4 Suspensive time clause.
(2)

QUESTION 9
Thami and Samantha conclude a written contract of loan. When they initially discussed the
contract, the idea was that the loan would be repayable only after three years. However, the
written document expressly provides for immediate repayment of the loan if Thami requests it.
Assuming that Thami will not invoke this term, Samantha signs the contract. Two months later,
Thami calls up the loan with immediate effect.

Which ONE of the following statements reflects the CORRECT legal position?

1 Samantha is entitled to apply for the rectification of the written contract.

2 Thami has committed breach of contract by calling up the loan and Samantha can claim
damages.
3 The parol evidence rule prevents Samantha from relying on the oral agreement and she is
obliged to repay the loan immediately.
4 Samantha can rely on the oral agreement between herself and Thami can refuse to repay
the loan immediately.
(2)

QUESTION 10
Andile and Tlou conclude a contract of sale for the property 25 Meerhof Gardens, which belongs
to Tlou. Their contract stipulates that Andile must pay an amount of R50 000 as deposit on the
purchase price within two days of Tlou’s acceptance of the offer. The money must be paid into
Tlou’s bank account, and Tlou must provide Andile with the name of his bank, the account number
and the branch code. Four days after Tlou has accepted Andile’s offer, Tlou still has not provided
the required information to Andile.

Which ONE of the following statements is CORRECT?

1 Andile has committed breach of contract in the form of mora debitoris, as he has not paid
the deposit.
2 Tlou has committed breach of contract in the form of mora creditoris, as he has neglected
to give his co-operation to enable Andile to fulfil his obligation with regard to the deposit.

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3 As Andile spent the R50 000 before he received the necessary information from Tlou,
supervening impossibility of performance has occurred, and their contract is terminated.
4 Tlou is entitled to cancel the contract if he has given Andile notice of intention to cancel the
contract and a reasonable time to comply with his obligation to pay the deposit.
(2)

TOTAL: ASSIGNMENT 2: [20]

1.2.3. Assessment criteria

Students can apply general principles of the law of contract within a legal framework to
real life situations.
Assessment criteria:
➢ show a basic understanding of the South African legal system and identify legal
issues regarding the general principles of the law of contract in real or simulated
fact scenarios;
➢ interpret and analyse real life occurrences within the framework of the law of
contract;
➢ choose correct procedures to solve specific business problems relating to the
general principles of the law of contract; and
➢ efficient information-gathering, analysis and synthesis, and evaluation skills are
demonstrated;
➢ identify, analyse and serve the commercial needs of individuals and society
creatively and innovatively.

Outcome 2:

Students can manage information relating to the functioning of the South African legal
system and the general principles of the law of contract appropriately.
Assessment criteria:
➢ find the relevant sources to solve basic legal problems regarding the functioning of
the South African legal system and the general principles of the law of contract;
➢ integrate information from different sources to address basic problems relating to
the functioning of the South African legal system and the general principles of the
law of contract in a business environment;
➢ apply knowledge of the functioning of the South African legal system and legal
principles relating to the general principles of the law of contract to authentic and
simulated scenarios;
➢ use the information to explore relationships between business and principles of the
law of contract;
➢ identify, analyse and serve the commercial needs of individuals and society
creatively and innovatively;
➢ efficient information-gathering, analysis and synthesis, and evaluation skills are
demonstrated.

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1.2.4. Assessment plan

The tuition method for this module consists of both formative assessment and summative
assessment. The year mark counts 20% and the examination mark counts 80%. In other
words: the mark obtained for the two compulsory assignments (year mark) will count 20%
towards your final mark, provided that you obtain an examination mark of at least 40%.
You therefore need to obtain a sub-minimum of at least 40% in the examination before your year
mark can be taken into account. This means that a student who has obtained at least 40% in the
examination and who has a good year mark will have a great advantage above another student
who has no year mark or a poor year mark.

1.2.5. Assignments
Assignments are part of the study material for this module. When you do the assignments, study
the study guide and the prescribed textbook and discuss the work with fellow students or e-tutors,
you will be actively engaged in learning.
In some of your assignment questions, we expect you to use your knowledge of the general
principles of contracts in South Africa to analyse and evaluate problem situations, to identify the
relevant legal issues, to apply the relevant legal principles to those issues and to suggest solutions
and provide responsible advice.
When answering problem type questions, it is important to identify for yourself the area of the
work which contains the answer. Once you have identified the area, set out the relevant legal
principles, deal only with those principles that relate to the given facts and apply these principles
to the facts. It is important to illustrate how the law applies to the factual situation you have been
asked to solve. Finally, state your conclusion or provide advice.

1.2.6. Commentaries and feedback on assignments

Soon after the closing date of the multiple-choice assignment, you will receive a computer printout
giving your answers, the correct answers, and your marks for the assignment. For the written
assignment, markers will comment constructively on your work. You will also receive Tutorial
Letters, CLA1501/201/2021, with feedback on all the written questions for assignment 01 and
CLA1501/202/2021 with commentaries on all the multiple choice questions for assignment 02.

1.2.7 Assessment and assignments

PLEASE NOTE:
Although students may work together when preparing assignments, each student must write and
submit his or her own individual assignment. In other words, you must submit your own ideas in
your own words, sometimes interspersing relevant short quotations that are properly referenced.
It is unacceptable for students to submit identical assignments on the basis that they worked
together. That is copying (a form of plagiarism) and none of these assignments will be marked.
Furthermore, you may be penalised or subjected to disciplinary proceedings by the University.

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1.2.8 General approach to answering essay or problem-type questions in

assignments

In order to answer your assignments satisfactorily, you must work through the prescribed study
material carefully. The following basic guidelines can be of help:
• To complete your assignment satisfactorily, you must consult your study guide,
textbook, and tutorial letters. Read the questions carefully, ascertain what they deal with, and
then use only the relevant information from your study material to answer the questions.
• Students normally complain that they cannot rewrite the study material in their own words.
However, there are three easy steps towards accomplishing this:
▪ Study the relevant study material until you understand it. While you are reading the
section or chapter, make notes or lists of the key words and concepts.
▪ Put away your study material and try to summarise that study unit in your own words
by using your notes and list of key words.
▪ Use the study material to finalise your summary with reference to relevant case law.
You are often expected to consult textbooks and prescribed material when answering an
assignment or examination, and then to cite these materials as authority in your answer.
Textbooks can be referred to in your answer by merely giving the author’s name and the page
number (eg, Snyman 20). The full bibliographical details are then supplied in a bibliography at the
end of your assignment (eg, Snyman CR Criminal law (1995) Butterworths). Do not refer to
sources you have not personally consulted.
• Note that it is necessary to provide full references in the examination.
• Quotations from all sources must be kept to a minimum.
• If you do use quotations, they must be accurate, and you must give proper attribution.
The use of other sources, without the necessary acknowledgement, amounts to
plagiarism. Plagiarism takes place when you use words, ideas and thoughts of other
persons and represent them as your own. Plagiarism is a form of theft that can
materialise in various dishonest academic activities.
• Names of cases and Latin expressions must be typed in italics.
• Neatness is a prerequisite. Plan your answers in advance. For essay-type answers,
you should do several rough drafts before you write the final answer.
• We restrict the length of assignment answers to teach you to write concise and logical
legal arguments. It is very easy to write long, rambling answers, but these answers do
not earn good marks. You must learn to summarise your study material so that you can
answer a question in a factually correct, concise and logical manner. This will also teach
you to give similar answers in an examination.

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1.2.9 Assignment submission information

There are TWO assignments for each semester.
• Assignments 01 is a written/ typed assignment
• Assignment 02 consists of 10 multiple-choice questions for which a mark-reading
sheet must be completed.
The marks obtained for the two compulsory assignments will count 20% towards your final mark
provided you obtain an examination mark of at least 40%.

NB: Late submissions will not be marked.

All students who submit the compulsory assignment 01 on time (before or on the date of
submission) will be admitted to the examination. Students who do not submit this assignment
before or on the due date will, irrespective of the mark obtained for the assignment, will not
receive admission to write the examination. The marks obtained for the two compulsory
assignments will count 20% towards your final mark provided you obtain an examination mark
of at least 40%.
Therefore, you need to obtain a sub-minimum of at least 40% in the examination before your
year mark can be taken into account. This means that a student who has obtained at least 40%
in the examination and who has a good year mark will have a great advantage above another
student who has no year mark or a poor year mark.

1.2.10 Due dates and unique assignment numbers

The due dates for the CLA1501 assignments in the 2021 academic year are as follows:
Assignment 1 18 May 2021
Unique numbers: 548389 for semester 1 and 824496 for semester 2
Assignment 2 06 July 2021
Unique numbers: 553723 for semester 1 and 889400 for semester 2

Please remember to allocate the same unique number to the assignment as the one given in this
tutorial letter or that appears online.

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1.2.11 Submission of assignments

Written/typed assignments must be submitted as typed/written documents for
assessment. Because it is a written assignment, NO mark-reading sheet is used.
Students must submit assignments done on mark-reading sheets electronically via myUnisa.
Assignments may not be submitted by fax, post or e-mail. Written assignment 02 answers on a
sheet of paper WILL NOT be marked.
Students must submit written/typed assignments (assignment 01) electronically via myUnisa.
Assignments may not be submitted by fax, post or e-mail.
When submitting your written/typed assignment electronically via myUnisa, please make sure that
your assignment is submitted in PDF format.
When you submit your assignments online via myUnisa, please note the following:
• Type your answers to the assignment in a document in a computer programme such as,
for example, Microsoft Word.
• When you have finished your assignment, check that it states the law correctly and that
the content is spelt correctly. To check the spelling, use the spell-checker (shortcut in MS
Word: Press the F7 key).
• Save the final version of your assignment in a document that is formatted in PDF.
• Submit your PDF document online via myUnisa.
Saving your document in PDF format
You can use various computer programmes to save your assignment in PDF format. A variety of
these programmes can be downloaded from myUnisa. Go to the web page entitled “Electronic
resources” at https://my.unisa.ac.za/portal/site/!gateway/page/c919799a-6cdd-4ec2-0019-
839c23c198f8 .

1.3 OTHER ASSESSMENT METHODS

There are no other assessment methods than those set out above.

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1.4 THE EXAMINATION

All students who submit the compulsory assignment 01 on time (before or on the date of
submission) will be admitted to the examination. Students who do not submit this assignment
before or on the due date will, irrespective of the mark obtained for the assignment, will not receive
admission to write the examination.

1.4.1 Examination period

There will only be one examination period for both semester 01 and 02. This means that all
students registered for the first and second semester, will write the examination in
October/November 2021, and the supplementary examination will be written in
January/February 2022.

1.4.2 Examination paper

The examination is non-venue based. The paper counts 80 marks. During the year, the
Examination Section will provide you with information regarding the examination in general, and
the confirmation of the examination dates and examination times.

1.4.3 Previous examination papers

Previous examination papers are available on myUnisa. Please note that we will not be making
the answer guidelines available to you.
However, these examination question papers were created for venue-based examinations. The
examination questions will be like the questions asked in the activities in your study guide.

NB: For all other information regarding module CLA1501, you should still refer to Tutorial
letters 101.

Regards
Your Lecturers

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