CourseOutline-HGPLC230-1-Jan-June2024-DK-V.2-06022024 FINAL

BOSTON CITY CAMPUS
COURSE OUTLINE
General Principles of the Law of Contract
(HGPLC230-1)
Assessment Strategy: AS4
January – June 2024
About the Institution

Boston City Campus (Pty) Ltd, Reg. No. 1996/013220/07, is registered with the Department of Higher
Education and Training (DHET), as a private higher education institution, No. 2003/HE07/002, in terms
of Section 54(1)(c) of the Higher Education Act, 1997 (Act No 101 of 1997), and Regulation 16(4)(a) of
the Regulations for the Registration of Private Higher Education Institutions, 2002.
Disclaimer
This Course Outline forms part of the ‘Boston Student Rules and Regulations’ and is accurate at the
time of publication. Boston City Campus (Pty) Ltd reserves the right to alter any of the content due to
changes in regulations, market requirements and other reasons.
Website: www.boston.co.za
1 Course Outline-HGPLC230-1-Jan-June2024-DK-V.2-06022024
CONTENTS
1. COURSE INTRODUCTION 4
1.1 Overview
1.2 The Module
1.3 Notional Hours
1.4 Introduction to SAQA, QCs and the NQF
2. CRITICAL OUTCOMES OF THE LEARNING PROGRAMME 7
3. TEACHING, LEARNING AND ASSESSMENT 10

3.1 Learning Philosophy
3.2 Learning Methodology
3.3 Assessment Strategies and Types of Assessments
3.3.1 Self-Assessment and Recommended Reading
3.3.2 Report Writing
3.3.3 True-False Tests
3.3.4 Open-Book Test/Assignment
3.3.5 Multiple-Choice Question Examination
3.3.6 Student-Centred Interaction
3.3.7 Sample Assignment and Examination Papers and Memoranda
3.4 Feedback to Students
4. STUDENT ACCESS TO IT, LIBRARY AND OTHER RESOURCES 15

4.1 Distance Learners and Support Centres
4.2 Hours of Operation
4.3 Head Office Resource Centre
5. COMMUNICATION AND SUPPORT 17

5.1 Student Support
5.2 General and Administrative Support (Administrative – Not course related)
5.3 Academic Support (Course related – Not administrative)
5.4 Student Wellness
5.5 Summary of Contact Procedure
6. REQUIREMENTS TO COMPLETE THE MODULE SUCCESSFULLY 21

6.1 General
6.2 Comments on the Study Guide and/or Prescribed Textbook
6.3 Prescribed Course Material
6.4 Recommended Reading
6.5 Additional Teaching and Learning Activities
7. MODULE STRUCTURE AND ASSESSMENT SPECIFICS 23

7.1 Module Structure
7.2 Formative Assessments
7.3 Summative Assessments
8. GRADE REQUIREMENTS 26
8.1 General
8.2 Summative Assessment (Examination) Entry Requirements
8.3 Requirements for Promotion and Distinction
8.4 Supplementary Assessments
9. STUDY PROCEDURE AND GUIDELINES FOR COMPLETING ASSESSMENTS 27
10. PLAGIARISM 28
10.1 Copyleaks
11. CONCLUSION 30
ANNEXURES:
A. EXPLANATION OF ACTION VERBS REQUIRED FOR COMPLETING ASSESSMENTS 31
B. PROPOSED STUDY PROGRAMME 32
C. ACADEMIC CALENDAR FOR 2024 42
D. PLAGIARISM INFORMATION SHEET 51
E. BREAKDOWN OF PROPOSED COURSE MATERIAL - IF APPLICABLE 56
F. FORMATIVE ASSESSMENT 1 57
G. SAMPLE FORMATIVE ASSESSMENT 1 66
H. SAMPLE FORMATIVE ASSESSMENT 1: MEMORANDUM 73
I. FORMATIVE ASSESSMENT 2 – IF APPLICABLE 88
J. SUMMATIVE ASSESSMENT 2 – IF APPLICABLE 110
K. SAMPLE SUMMATIVE ASSESSMENT 1 – IF APPLICABLE 119
L. SAMPLE SUMMATIVE ASSESSMENT 1: MEMORANDUM – IF APPLICABLE 131
1. COURSE INTRODUCTION
1.1 Overview
Welcome to the General Principles of the Law of Contract (HGPLC230-1) module. This Course
Outline is intended to assist students by providing a detailed support document to help you
with navigating this specific module.
Students are regarded as adult learners who are self-motivated and are treated as such.
Boston places students at the centre of the learning process, emphasising learning as an
“individual act”, thus students take full responsibility for their own learning. Educators will
facilitate learning to enable students to achieve the learning outcomes required in each
module.
The purpose of General Principles of the Law of Contract (HGPLC230-1) provides an overview
of the most important aspects of the law of contract in South Africa to give students a well-
rounded rudimentary understanding of the subject area. It examines the nature and basis of
contract, offer and acceptance, mistake, improperly obtained consensus, the requirements
for validity of contract, the parties to contracts, obligations and terms, forms of breach of
contract, remedies for breach of contract, cession and termination of rights and obligations
in the law contract.
1.2 The Module
This module is part of a learning programme or qualification that is registered by the South
African Qualifications Authority (SAQA) on the Higher Education Qualifications Sub-
Framework (HEQSF), which is a sub-framework of the National Qualifications Framework
(NQF) and is structured as follows.
• Module name: General Principles of the Law of Contract (HGPLC230-1)

• Learning type: Core
• Course level: 6
• Module credits: 10
• Notional hours: 100
1.3 Notional Hours
The South African Qualifications Authority (SAQA) introduced the model of credits related to
notional hours as part of Outcomes-Based Education (OBE). Notional hours are defined as the
amount of time it takes the average student to achieve the learning outcomes as defined for
each course. The model of notional hours prescribes for this 10-credit module, the notional
hours will be 100.
Notional hours can consist of any combination of the following activities: reading, tasks or
self-evaluation exercises, listening or viewing of tapes and videos, attendance of tutorial or
lecture sessions, participation in discussions or online forums, undertaking experiential or
collaborative learning, completing assignments and research work, conducting interviews,
and preparing for and sitting of examinations. It is important to note that this model considers
workload from a student’s perspective and how much time it would take the average student
to comprehend the knowledge, skills, attitudes and values that are embodied in a particular
course (Kilfoil, 2009)1.
Within Annexure B of each Course Outline is a detailed Proposed Study Programme to assist
students with the planning of their studies according to a specific academic workload model,
to ensure success in meeting the required learning objectives and activities within the
required timelines as stipulated in the Academic Calendar (Annexure C).
1.4 Introduction to SAQA, QCs and the NQF
Who is the South African Qualifications Authority (SAQA)?
In terms of the NQF Act 67 of 2008, the South African Qualifications Authority (SAQA) is a
juristic person, given a legal personality by law. SAQA has a Board, whose members are
appointed by the Minister of Higher Education and Training. Identified stakeholders in
education, training and related support practices, nominate these members. SAQA's role is
to:
• Advance the objective and oversee the further development of the NQF;
• Coordinate with the Quality Councils, three sub-frameworks of the NQF; and
• Regulate professional bodies.
In terms of qualifications and professional bodies, SAQA must:

• Develop and implement policy and criteria, after consultation with the QCs, for the
development, registration and publication of qualifications and part-qualifications.
• Develop policy and criteria, after consultation with the QCs, for assessment,
recognition of prior learning and credit accumulation and transfer.
• Develop and implement policy and criteria for recognising a professional body and
registering a professional designation.
What are Quality Councils (QCs)?
Quality Councils (QCs) are sector-based structures responsible for the development and
quality assurance of qualifications on the NQF. There are three QCs for the three main sectors,
namely:
• General and Further Education and Training;
• Higher Education; and
• Trades and Occupations.
The three QCs are:

• UMALUSI, the QC for General and Further Education and Training, which encompasses
schools, and public and private TVET Colleges.
• The Council on Higher Education (CHE), the QC for Higher Education and concerns
itself with universities and private higher education institutions.
• The Quality Council for Trades and Occupations (QCTO), the QC for occupations, which
deals with workplace learning and skills development. Such an example is a
learnership.
1
Kilfoil. W.R. 2009. Credits, Notional Hours and Workload. [Web Access] http://www.unisa.ac.za/ [Access Date:
27 June 2011].
What is the National Qualifications Framework?
The National Qualifications Framework (NQF) is a comprehensive system for the

classification, registration, publication and articulation of quality assured national
qualifications. The NQF is the set of principles and guidelines that enables national recognition
of acquired skills and knowledge, thereby ensuring an integrated system that encourages life-
long learning.
NQF Objectives
The objectives of the NQF, as outlined in the NQF Act 67 of 2008, are as follows:
• To create an integrated national framework for learning achievements;
• To facilitate access to, and mobility and progression within, education, training and
career paths;
• To enhance the quality of education and training;
• To accelerate the redress of past unfair discrimination in education, training and
employment opportunities; and
• To contribute to the full personal development of each citizen/learner and the socio-
economic development of the nation at large.
What Does the NQF Look Like?
The NQF is organised as a series of levels of learning achievement, arranged in ascending

order from one to ten. A statement of learning achievement, known as a level descriptor,
describes each level on the NQF. A level descriptor provides a broad indication of learning
achievements or outcomes that are appropriate to a qualification at that level. The content
of the level descriptors are developed and determined by SAQA, in agreement with the three
QCs.
2. CRITICAL OUTCOMES OF THE LEARNING PROGRAMME
The generic, cross-curricular outcomes of a programme supports all aspects of the learning
process, and a disciplinary specialist within Boston’s Faculty formulates them.
The table below provides information about the critical cross-field outcomes, an explanation
thereof, the associated assessment criteria, and their alignment with the appropriate NQF
standards, which inform all of the teaching and learning within this module.
This ensures that the intended purpose of the qualification is realised with the intended type
of graduate by providing:
• A well-rounded, broad education.
• Knowledge that emphasises the theory and methodology of disciplines in the
professional context.
• Principles and theory that are emphasised as a basis for entry into professional
practice, in a wide career range.
NQF LEVEL DESCRIPTORS:
Description NQF 5 NQF 6 NQF 7 NQF 8

SCOPE OF KNOWLEDGE Demonstrate an informed Detailed knowledge of main areas in Integrated knowledge of the central areas Demonstrate knowledge of and
understanding of the core areas of one or more fields. An of one or more fields. The ability to apply engagement in an area at the forefront of
one or more fields… an informed understanding and the ability to and evaluate the key terms, concepts, a field. An understanding of the theories,
understanding of the key terms, apply the key terms, concepts, facts, facts, principles, rules and theories of that research methodologies, methods and
concepts, facts, general principles, principles, rules and theories to field. techniques relevant to the field, discipline
rules and theories of that field. unfamiliar but relevant contexts. or practice. Understand how to apply such
knowledge in a particular context.
KNOWLEDGE LITERACY Demonstrate awareness of how Demonstrate an understanding of Demonstrate an understanding of Demonstrate the ability to interrogate
knowledge or a knowledge system different forms of knowledge, knowledge as contested and the ability to multiple sources of knowledge in an area
develops and evolves within the schools of thought and forms of evaluate types of knowledge and of specialisation and to evaluate
area of study or operation explanation within a specific study explanations typical within the area of knowledge and processes of knowledge
area, and an awareness of study. production.
knowledge production processes.
METHOD AND PROCEDURE Demonstrate the ability to select Demonstrate an ability to evaluate, Understanding of range of methods of Understanding of the complexities and
and apply standard methods, select and apply appropriate enquiry in a field, and their suitability to uncertainties of selecting, applying or
procedures and techniques to a methods, procedures and specific investigations, and the ability to transferring appropriate standard
particular field, and to plan and techniques in investigation or select and apply a range of methods to procedures, processes or techniques to
manage such implementation. application of processes within a resolve problems or introduce change unfamiliar problems in a specialised field.
defined context. within a practice.
PROBLEM SOLVING Ability to identify, evaluate and Ability to identify, analyse and solve Ability to identify, analyse, evaluate, Ability to use a range of specialised skills
solve defined, routine and new problems in unfamiliar contexts, critically reflect on and address complex to identify, analyse and address complex
problems within a familiar context. gathering evidence and applying problems, applying evidence-based or abstract problems drawing
Ability to apply solutions based on solutions based on evidence. solutions and theory-driven arguments. systematically on the body of knowledge
relevant evidence, demonstrating and methods appropriate to a field.
an understanding of the
consequences.
ETHICS AND PROFESSIONAL PRACTICE Ability to take account of, and act Demonstrate an understanding of Ability to take decisions and act ethically Ability to identify and address ethical
in accordance with, prescribed the ethical implications of decisions and professionally and the ability to justify issues based on critical reflection on the
organisational and professional and actions within an organizational those decisions drawing on appropriate suitability of different ethical value
ethical codes of conduct. or professional context. ethical values. systems to specific contexts.
ACCESSING, PROCESSING, MANAGING Ability to gather information from Ability to evaluate different sources Ability to develop appropriate processes of Ability to critically review information
INFORMATION a range of sources and to select of information and to select information gathering for a given context gathering, synthesis of data, evaluation
information appropriate for the information appropriate for the of use, and the ability to independently and management processes in specialised
task. task and to apply well-developed validate the sources of information and contexts in order to develop creative
processes of analysis, synthesis and evaluate and manage information. responses to problems and issues.
evaluation of that information.
PRODUCING AND COMMUNICATING Ability to communicate Ability to present and communicate Ability to develop and communicate his or Ability to present and communicate
INFORMATION information reliably, accurately complex information reliably and her ideas and opinions in well- formed academic, professional or occupational
and coherently, using conventions coherently using appropriate arguments, using appropriate academic, ideas and texts effectively to a range of
appropriate to the context… an academic and professional or professional and occupational discourse. audiences, offering creative insights,
understanding of and respect for occupational conventions. rigorous interpretations and solutions to
the conventions around problems and issues appropriate to the
intellectual property, copyright context.
and plagiarism
CONTEXT AND SYSTEMS Ability to operate in a range of Ability to make decisions and act Ability to manage processes in unfamiliar Ability to operate effectively within a system,
familiar and new contexts, appropriately in familiar and new and variable contexts, recognising that or manage a system based on an
demonstrating an understanding contexts, demonstrating an problem solving is context and system understanding of the roles and
of different systems, their parts understanding of the relationship bound relationships between elements within
and the relationships between between systems and how one the system.
these parts. impacts on another.
MANAGEMENT OF LEARNING Ability to evaluate his or her Ability to evaluate performance Ability to identify, evaluate and address his Ability to apply, in a self-critical manner,
performance and the performance against given criteria, and or her learning needs in a self-directed learning strategies which effectively
of others; and to take appropriate accurately identify and address his manner and to facilitate a collaborative address his or her professional and
actions where necessary and to or her task- specific learning needs learning process. ongoing learning needs and the
take responsibility for his learning in a given context. And to provide professional and ongoing learning needs
within a structured learning support for others where of others.
process. appropriate.
ACCOUNTABILITY Ability to take account for his or Ability to work effectively in a team Ability to take full responsibility for his or Ability to take full responsibility for his or
her actions, to work effectively or group and take responsibility for her work, decision making and use of her work, decision-making and use of
with and respect others and to his or her decisions and the actions resources… and limited accountability for resources, and full accountability for the
take supervisory responsibility in a of others in well-defined contexts. the decisions of others in varied or ill- decisions and actions of others where
well- defined context. defined contexts. appropriate.
3. TEACHING, LEARNING AND ASSESSMENT
3.1 Learning Philosophy
As an accredited and registered private higher education institution, Boston is committed to

the implementation of Outcomes-Based Education (OBE), and as such the learning and
assessment approach and methodology that facilitate the appropriate execution thereof.
Boston views learning as a complex interaction between students’ personal purpose, which
is to improve their knowledge and ability, their prior knowledge and disposition, and
requirements for specific subject matter enquiry. Therefore, Boston subscribes to an
approach that learning:
• Should be action-orientated and communicative

• Is not transferred but constructed
• Is the making of meaning and could be propositional or presentational
• Is a process shaped by learning perspectives and learning schemes
• Occurs through refinement and elaboration
• Should be authentic and true, instrumental, communicative and reflective
• Should be active and based on a reflective decision to act
• Should result in an acquisition of instrumental and communicative competence via
critical reflection and self-reflection on assumptions.
3.2 Learning Methodology
Teaching and learning at Boston is integrated into every aspect of the development,
evaluation and delivery of each module and learning programme.
Boston has moved from the traditional presentation of learning support materials i.e.
textbook and study handbook based only, which has a traditional instructor-centred
curriculum, to a student-centred approach that mandates the faculty and academic support
staff to:
• Encourage students to develop the ability to think critically and solve problems
creatively.
• Promote an understanding of the relevance of the intended learning outcomes.
• Encourage students to develop enquiring minds and to investigate relevant topics
further in order to enrich their learning experiences.
• Provide students with the opportunity to experience the demands of the working
world.
• Promote a positive and supportive learning environment where students, faculty and
support staff work towards common objectives.
• Encourage students to grasp the practical application behind the theory.
• Promote a sense of responsibility for learning and assessment.
Teaching at Boston consists of:

• Faculty and information, communication and technology (ICT) equipment
• Describing and unpacking of specific knowledge components
• Discussing examples within industry and/or the workplace
• Relating these with the purpose and objectives of the module and learning
programme
• Interaction with students
• Outcomes-based learning materials, filmed lectures on TMS2, online assessments,
course outlines, prescribed textbooks, study guides/workbooks, study plans and
sample assessments and memoranda
• Evaluation and feedback.
Learning consists of:

• Student access to information, communication and technology (ICT)
equipment/programme
• Readings, discussions and participation sessions of knowledge components and
practical application thereof
• Independent study and investigation into knowledge and practical components
• Interaction with faculty
• Experiential, peer and collaborative learning, self-evaluation exercises and learning
activities
• Outcomes-based learning materials, prescribed and recommended readings,
assessments and feedback.
3.3 Assessment Strategies and Types of Assessments
The following are examples of assessment strategies used:
Assessment Strategy C (ASC): Formative Assessments (FA1 and FA2), also known as quizzes,
will count fifty percent (50%) – twenty five percent (25%) each - towards the overall mark. A
summative assessment in the form of a final exam (SA1), will count fifty percent (50%) towards
the overall mark.
Due Performance (DP): These modules are not weighted nor credit-bearing. However, the
minimum hours required in continuous professional and career development must be
completed before progressing to the next year of study or certification. It is vital that students
in degree programmes develop greater breadth of understanding of interrelated disciplines
and practices as mimicked in the world of work, and therefore participation in opportunities
provided in this module is compulsory. A summative assessment in the form of reflective essay
is required.
Assessment Strategy 1 (AS1): The formative assessment 1 (FA1), formative assessment 2

(FA2), formative assessment 3 (FA3) and summative assessment 1 (SA1), all in the form of
practical assessments, will each count twenty five percent (25%) towards the overall mark.
Assessment Strategy 2 (AS2): The formative assessment (FA1), also known as an assignment
or test, will count fifty percent (50%) towards the overall mark. The summative assessment in
the form of a final exam or capstone project (SA1), will count fifty percent (50%).
Assessment Strategy 3 (AS3): The formative assessment (FA1), also known as an assignment
or test, will count forty percent (40%) towards the overall mark. Summative assessments in
the form of a final exam or capstone project (SA1), will count fifty percent (50%), and a
research or reflective essay (SA2) will count ten percent (10%) towards the overall mark.
2
TMS [Training/Telematic Management System incorporating a Learning Management System (LMS)]
Assessment Strategy 4 (AS4): Formative assessments (FA1 and FA2), also known as
assignments or tests, will count forty percent (40%) - twenty percent (20%) each - towards the
overall mark. Summative assessments in the form of a final exam or capstone project (SA1),
will count fifty percent (50%), and a research or reflective essay (SA2) will count ten percent
(10%) towards the overall mark.
Assessment Strategy 5 (AS5): Formative assessments (FA1 and FA2), also known as
assignments or tests, will count thirty percent (30%) - fifteen percent (15%) each - towards the
overall mark. Summative assessments in the form of a final exam or capstone project (SA1),
will count sixty percent (60%), and a research or reflective essay (SA2) will count ten percent
(10%) towards the overall mark.
Assessment Strategy 6 (AS6): Formative Assessments (FA1 & FA2), which may take the form
of assignments, research essays or tests will count forty percent (40%) – twenty percent (20%)
each – towards the overall mark. Summative Assessments (SA1 & SA2), which may take the
form of capstone projects, tasks, presentations, written or oral exams, or a research proposal
will count sixty percent (60%) – thirty percent (30%) each – towards the overall mark.
Assessment Strategy IS (ASIS): An integrated summative assessment 1 (SA1) in the form of a

final examination will count 100% towards the overall mark.
Assessment Strategy Research Report (ASRR): Formative Assessments (FA1, FA2, FA3, FA4
and FA5) are a series of critical reviews of Units 1, 2, 3, 4 and 5 of a sample Research Report
and will count twenty five percent (25%) – five percent (5%) each - towards the overall mark.
Formative Assessment 6 (FA6), includes the candidate’s original Research Proposal carried
forward from the module Research Methods, the Literature Review, the Research Instrument,
and the application for Ethical Clearance thereon, which will count twenty five percent (25%)
– towards the overall mark. Summative Assessment 1 (SA1) – in the form of the final submitted
Research Report (SA1) – will count forty percent (40%) towards the overall mark. Summative
Assessment 2 (SA2), in which the candidate presents the findings and recommendations from
the written Research Report, will count ten percent (10%) towards the overall mark.
Assessment Strategy W (ASW): Formative Assessments (FA1 and FA2), also known as
assignments, will count forty percent (40%) - twenty percent (20%) each - towards the overall
mark. Summative assessments in the form of a practicum, will count forty percent (40%), and
a research or reflective essay (SA2) will count twenty percent (20%) towards the overall mark.
There are a number of assessment types appropriate to the distance-learning environment,

of which the most common are report writing, true-false tests and multiple-choice
examinations (Foltz, 1990)3.
Distance learning is reliant on independent study. For this reason, most formative
assessments are considered open-book assessments, while summative assessments are
Invigilated Assessment Events. They all aim at assessing a student's mastery of certain or
specific subject matter.
Regardless of the assessment type, any formative assessment in this environment should
have three main aims, which are:
3
Foltz, D. 1990. Toward Better Service and Testing. Occasional Paper Number 3. Washington, DC: DETC.
• To encourage students to review
• To enable students to monitor their comprehension of the knowledge areas
• To reinforce the learning outcomes of a study unit or series of units.
Measured by these aims, outlined below are the various types of assessments utilised in the
module and the learning programme.
3.3.1 Self-Assessment and Recommended Reading
Students are guided by the course outlines and contents within study units to complete
specific self-assessment exercises, such as, self-evaluation questionnaires, activities or
practices, which appear in the prescribed textbooks and/or study guides. In addition, students
are encouraged to make use of the institution’s library, or any resource centre, to access the
recommended reading list which includes self-assessment exercises.
Students are also informed of the importance and relevance of self-assessment exercises, and
are encouraged to keep records of it to assist with reflection, examination preparation and
student-centred interaction.
3.3.2 Report Writing
With some study units or courses, writing and composition might be the only practical
method of assessment. Report writing requires a student to demonstrate their knowledge of
a particular subject through composing a written representation that communicates
understanding and insight.
3.3.3 True-False Test
Carefully constructed true-false questions can measure higher mental processes such as
understanding, application and interpretation. They are particularly suitable for testing
attitudes and beliefs, and can be adapted to most content areas, although they work best in
testing elementary subject matter. True-false tests do have the advantage of making it
possible to ask many questions on a larger number of knowledge areas in a limited amount
of time.
3.3.4 Open-Book Test/Assignment
Open-book testing is used to:

• Stimulate review
• Reinforce learning objectives
• Communicate goals
• Furnish feedback on misunderstood knowledge areas
• Separate those students who have reached a specific set of objectives from those who
have not, indicating further specific interventions by the Faculty.
Suitable open-book questions should require that students review the learning material
continuously. This assessment type should be thought of as context-dependent. If questions
are properly prepared, students have to demonstrate their ability to extrapolate and infer key
concepts from a specific knowledge area, rather than simply find an answer in the text and
“parrot” it back. Therefore, the emphasis is on repetition and inference, as students review
and re-review the learning materials in an effort to recognise, understand, synthesize and
select appropriate responses. Questions that can be answered on the basis of rote memory
should be kept to a minimum as students can simply "cram" to prepare for such testing and
little, if any, learning takes place.
3.3.5 Multiple-Choice Question Examination
Multiple-choice examinations, consisting of questions in the form of a stem and four or five
options (the correct answer along with distracters, or incorrect alternatives) have many
advantages. The greatest of these is perhaps their versatility: multiple-choice questions can
measure factual recall, as well as the students' ability to reason, exercise judgment, and
express themselves correctly and effectively. Students find them less ambiguous and
generally prefer them to true-false tests. This type of assessment can also be scored
accurately and provide immense per-item reliability.
3.3.6 Student-Centred Interaction
By encouraging students to continually ask questions and be comfortable with the

questioning of concepts and engaging in self-reflection, students are given ample opportunity
to assess and improve their knowledge and understanding by means of effective
communication with distance learning faculty and peers.
3.3.7 Sample Assignment and Examination Papers and Memoranda
Students receive a sample assignment and memorandum, as well as a sample examination

paper and memorandum, so as to familiarise themselves with the various assessment formats
and duration. This further enables them to determine their overall progress and level of
preparedness for the final summative assessment.
3.4 Feedback to Students
Boston’s approach to teaching, learning and assessment is strongly influenced by the belief
that students are entitled to feedback and a discussion on their performance. This is
interwoven into the teaching strategies. There are many sound educational reasons for doing
this in a comprehensive manner. Students are encouraged to contact Educators for personal
feedback on their assessments.
Where the formative assessment format makes this possible, graded scripts and the relevant
memorandum (with the correct responses and/or examples of model answers) accompany
the release of marks/grades for formal formative assessments.
This provides an opportunity to repeat important learning objectives and knowledge areas,
considering that repetition is a powerful element in learning.
4. STUDENT ACCESS TO IT, LIBRARY AND OTHER RESOURCES
4.1 Distance Learners and Support Centres
Essential to the effectiveness of the Boston network of Support Centres is granting distance
learners localised access to technology, library and the service support resources that are
provided to students by the Boston Head Office.
As guiding principles, it must be re-emphasised that Boston Support Centres do not form part
of the programme other than the centres being conveniently located throughout South Africa
which assist them in serving as a point of contact and access to provide support services for
students who:
• do not have access to resource rich infrastructure at home, an office or elsewhere in
a relative close proximity
• Experience difficulty with taking control of their study environments, for example,
mitigating excessive distractions, exercising sufficient self-discipline, implementing a
routine, and managing time
• Relate better to auditory and kinaesthetic learning styles.
In other words, every learner is registered with Head Office as a unique distance learner, and
the teaching, learning and assessment remains at a distance with appropriate quality assured
materials and services to complete their studies independently. No student accessing services
at a Support Centre will be placed at a discernible advantage over a student that elects not to
access services at a Support Centre. Support Centres will be utilised as examination venues
for invigilated sittings.
In considering all of the above information, the support services accessible at Boston Support
Centres may be delineated in the following manner by classifying them as:
• Venues for accessing the range of important career, study and motivational
counselling services, and the completing and submitting of an online Application for
Admission, or other administrative documents i.e. change of module, submitting
request for deferral, handing in ID etc.
• Venues for accessing Information Technology and Communication resources, to pre-
book4 time to utilise computers for accessing filmed lectures on TMS , typing
assessments, submitting assessments online, emailing Head Office re: Academic,
Assessment, and Administrative queries etc.
• Venues for facilitating logistical support i.e. a reliable address to receive and send
study guides, prescribed textbooks, assignments, feedback reports, certificates etc.
• Venues for facilitating the sitting of Invigilated Assessment Events.
4.2 Hours of Operation
Normal hours of operation within Boston for telephonic, email or access to premises are
Monday to Thursday 08:00 to 17:00 and on Friday from 08:00 to 13:00. An extension hereof
will be reviewed periodically in accordance with students’ needs.
4
It is important to pre-book and confirm bookings with the selected Support Centre for attendance of video
(TMS/LMS) sessions, assessment uploading and submission and sitting of tests within formative assessment weeks.
4.3 Head Office Resource Centre
Boston established a Resource Centre (RC) for students and staff at its Head Office in Orange
Grove. The RC provides students and Support Centres with access to national and
international databases for all its information searches. All research and information material
not available in the RC may be obtained for students, faculty, support staff and Support
Centres through inter-library lending or purchasing and disseminating of e-publications.
Head of Library Services Contact details

Nolubabalo Ncoko 087-255-4243
nolubabalon@boston.co.za
5. COMMUNICATION AND SUPPORT
5.1 Student Support
Students are encouraged to engage with Educators as and when they have academic queries
- as indicated in section 5.3 below. Educators will provide support during the semester within
office hours, Monday to Thursday.
PLEASE NOTE:
There will be no student support:
• From Educators on a Friday.
• From HE Faculty between Semester A and Semester B. See HE Academic Calendar for
relevant dates.
• From HE Faculty between Semester B and Semester A of the following year. See HE
Academic Calendar for relevant dates.
5.2 General and Administrative Support (Administrative – NOT Course Related)
When you communicate with Boston, or when you submit your assignments, it is important
that you provide your:
• Surname and initials
• Student number
• ID number
• Correct postal address and/or email address
• Cellular phone number and/or telephone numbers at home and/or work
• Name of Support Centre selected
Please note that all written communication such as emails, and all queries must be addressed
under specific topics. Please address your queries in writing to the relevant section at the
College i.e. the Administrative Coordinators deal with registrations, student accounts,
timetables, results, etc., the Educators deal with academic content matters such as a query
about a particular theory or concept.
When phoning the Institution please identify your specific query to the switchboard operator
to enable them to put you through to the relevant department and person who can address
your inquiry effectively.
Registrar: Administration Contact details

Ruan Venter 087-255-4290
ruanv@boston.co.za
Assessment Manager Contact details
Roman Adams 087-255-4292
romana@boston.co.za
Student Accounts Consultant Contact details
Your selected Support Centre Available on website
5.3 Academic Support (Course Related – Not Administrative)
An Educator who is a qualified and experienced subject specialist is appointed for each
module to support students throughout their studies. Academic matters should be addressed
directly with the Educator (see contact details below).
Educator support does not provide support for queries of an administrative nature, such as
due dates or late submissions. Educators deal only with academic content or subject matter-
related queries such as: “... please help clarify the distinction between a debit and a credit, as
appears on page 15 of my Study Guide for Fundamentals of Accounting.”
At least one Educator will be assigned to each module of study. The Educator will be available
to assist students with academic queries related to subject-matter content. They will also be
available to offer assistance and feedback on assessments upon request.
Educators are unable to provide students with answers to questions taken directly from
assignment/s which have not yet been marked. Your Educator may help you with any
topics/content of the prescribed courseware/module content however, your Educator will
not provide you with a direct answer or scrutinise/review your answer to any assignment
question before said assignment has been graded and marks have been released to all
students.
Support Centres are not staffed with Educators and students cannot expect to have their
academic queries addressed by Support Centre staff.
Registrar: Academic Contact details

Nadine Botha 087-255-4277
nadinek@boston.co.za
Academic & Quality Manager (AQM)
Dr. Ernst Heydenrych 087-164-7778
ernsth@boston.co.za
Educator Contact details
Shanay Minnaar 087-255-4236
Shanaym@boston.co.za
Providing quality academic support is of the utmost importance to Boston. In order to ensure
this quality is maintained, Boston has undertaken to ensure the process of engaging with
Educators is as transparent as possible.
Students are able to contact an Educator by means of:

1. E-mail
2. Telephone
3. Face-to-face consultation
4. Video conferencing, such as Microsoft Teams, Zoom or Skype.
1. E-mail queries must be directed to the Educator for a particular module. The Educator will
reply directly to the student and will copy in the Academic Quality Manager.
2. Telephonic consultations will take place by appointment only. Firstly, this ensures that the
most suitable facilitator or tutor is allocated. Secondly, it will also serve to ensure that a
firm arrangement is made, and a sufficient time-slot is allocated to deal thoroughly with
the subject matter concerned. Thirdly, the Educator will call the student on the agreed
number at the agreed time. Confirmation of the agreed number and time will be
communicated to the student beforehand. To book a telephonic appointment, students
can either call or e-mail the Educator or Academic Quality Manager.
3. Face-to-face consultations will take place by appointment only. Face-to-face

appointments will take place exclusively at the Head Office in Orange Grove,
Johannesburg. Confirmation of the agreed time will be communicated to the student
beforehand. To request a face-to-face appointment, students can either call or e-mail the
Educator or Academic Quality Manager.
4. Video conferencing consultations will take place by appointment only. Firstly, this ensures
that the most suitable facilitator or tutor is allocated. Secondly, it will also serve to ensure
that a firm arrangement is made, and a sufficient time-slot is allocated to deal thoroughly
with the subject matter concerned. Thirdly, the Educator will video conference the
student at the agreed time. Confirmation of the agreed time will be communicated to the
student beforehand. To book a video conference appointment, students can either call or
e-mail the Educator or Academic Quality Manager.
Students must take note that any further or subsequent communication must be directed to
the Educator or Academic Quality Manager, who in turn will repeat the process described
above.
5.4 Student Wellness
Embarking on higher education studies is an exciting journey. It can also be a time of change
and pressure that may lead to unexpected challenges that affect your academic performance
and/or personal life. Student Wellness is an initiative that offers limited personal support to
our students for assistance and referrals due to personal, social or career issues/concerns.
A dedicated Student Wellness Module is available to all registered students on ColCampus.

The purpose of the module is to provide Boston’s students with information and guidance
regarding a variety of interpersonal, study, and wellness topics, with the aim of making the
transition to college and distance learning as seamless as possible.
Head of Institution/Academic Head Contact details

Dr. Hendrik Botha 087-255-4254
hendrik@boston.co.za
Registrar: Academic Contact details
Nadine Botha 087-255-4277
nadinek@boston.co.za
Student Wellness Contact details
Robyn Wright-Parkin 011-883-0933
robynw@boston.co.za
5.5 Summary of Contact Procedure:
Forward your query or questions to the Academic Quality Manager or your Educator via e-
mail, or phone to request an appointment to speak with an Educator.
When contacting your Educator or the Academic Quality Manager, please be specific about
the support you require by providing the following information, together with your personal
information:
• Learning programme name and module code
• Page number and query or question
• Name and Surname
• Student or ID number
• Correct postal address and/or email address
• Correct cellular phone number and/or telephone numbers at home and work
Within two (2) business days (weekends and public holidays are excluded), an Educator will
respond or make direct contact with you. The Educator’s response will also be copied to the
Academic Quality Manager’s e-mail address for record keeping and quality control purposes.
PLEASE NOTE:
There will be no student support:

• From Educators on a Friday.
• From HE Faculty between Semester A and Semester B. See HE Academic Calendar for
relevant dates.
• From HE Faculty between Semester B and Semester A of the following year. See HE
Academic Calendar for relevant dates.
6. REQUIREMENTS TO COMPLETE THE MODULE SUCCESSFULLY
6.1 General
This is an examined module. To enable students to complete this module successfully

students must have the following:
• Access to TMS and the LMS
• A Course Outline, available on the LMS
• Prescribed textbook(s) and/or study guide, and, where applicable, recommended
textbooks and journal readings
• A file to keep printouts of own sourced additional readings, records, copies of
submitted formative assessments (assignments and/or reports) and any other
materials not stored electronically for reference purposes
• Completion of the learning activities in the LMS, and that appear throughout each unit
in the study guide and/or prescribed textbook; as well as the self-evaluation section
that appears at the end of each study unit, referencing the aligned chapter(s), which
should then be filed for reflective and preparation of summative assessment
(Invigilated Assessment Event (examination))
• Submission of the formative assessments (assignments and/or participation in the
tests) and summative assessments (Invigilated Assessment Events (examinations)
and/or assignments) within the LMS or at the Support Centre
• Commitment to viewing filmed lectures hosted in the LMS or available on TMS at the
Support Centres, especially those learners who study better through audio and/or
visual means
• Commitment in re-viewing filmed lectures when the sub-minima has not been
obtained in formal formative assessments
• Commitment in re-viewing specific sections of the filmed lectures when a topic and/or
specific unit is not yet completely mastered.
6.2 Comments on the Study Guide and/or Prescribed Textbook
• The point of departure is the module specific study guide and/or prescribed textbook.
• It is the core component of the learning material and guides the student structurally
through each module.
• The learning activities contained within the study guide and/or prescribed textbook
and the referencing to the self-assessment activities are of utmost importance to
ensure and assess understanding of the learning content.
• All the study material required for examination purposes is contained in the study
guide and/or prescribed textbook.
• Please note that students may have to consult additional sources to complete the
various formative or summative assessments such as academic or business journal
articles or a site visitation.
• Content in the study guide and/or prescribed textbook is presented in such a manner
that students will be able to master the study material through self-study.
• The formative assessment (assignment) is presented in such a manner that students
will be able to master completion through both self-study, and use of the study guide
and/or prescribed textbook.
• At the end of each unit in the study guide and/or prescribed textbook are a selection
of questions or self-evaluation tests and/or activities, through which students can
assess their ability to master the study material and make their own meaning of the
work covered in the unit.
• Above average results/marks will be allocated to answers in formative assessments
(assignments and/or tests) and in the summative assessments (Invigilated Assessment
Events (examinations)), if the examiner notes that the selected content was studied
thoroughly. Some questions may be aimed at assessing the insight students acquired
into the study material with application-based questions.
6.3 Prescribed Course Material
• Hutchinson, D., Pretorius, C., De Stadler, E., Du Plessis, J., Eiselen, S., Floyd, T.,
Hawthorn, L., Kuschke, B., Maxwell, C. & Naude, T. 2022. The Law of Contract in South
Africa. 4th edition. Cape Town: Oxford University Press.
6.4 Recommended Reading
• Du Plessis, H.M. 2019. Legal Pluralism, uBuntu and the Use of Open Norms in the South
African Common Law of Contract. Potchefstroom Electronic Law Journal, 22(1): 1-37.
Retrieved from: http://www.scielo.org.za/pdf/pelj/v22n1/47.pdf [Accessed 05
February 2024].
• Collier, D. 2008. e-Mail and SMS contracts. Juta's business Law Journals, 16(1): 20-22.
• Neels, J. L. & Fredericks, E. A. 2011. Tacit choice of law in The Hague Principles on
Choice of Law in International Contracts. De Jure, 44(1): 101-110.
• Any topical or related articles students may access, such as academic, newspapers,
trade magazines or through the Internet.
• References made to journals and other articles and websites in the bibliographies
contained in the e-prescribed textbook and recommended textbooks.
6.5 Additional Teaching and Learning Activities
• During the course of the semester, the Educators will provide students with additional
teaching and learning activities. These activities are aimed at enriching students’
learning experience and ensuring that students are exposed to a variety of resources.
• These learning activities are neither compulsory nor weighted, but it will be to the
students’ benefit to participate in these activities. These activities can also be helpful
to send to your Educator when you have a question related to a topic covered within
a relevant Additional Teaching and Learning Activity, as it will assist the Educator in
evaluating your current understanding of the topic.
7. MODULE STRUCTURE AND ASSESSMENT SPECIFICS
7.1 Module Structure
Two different types of assessments are used in the module:

• Formative assessments (such as individual assignments and tests)
• Summative assessments (such as Invigilated Assessment Events (examinations) and
assignments).
In support hereof, the academic year is divided into two (2) semesters, each consisting of a
twenty (20) week cycle5 with provision for the following:
o Ten (10) weeks dedicated to teaching and learning of study units and prescribed texts
o Additionally, structured throughout, four (4) weeks dedicated to formative
assessment and feedback opportunities for semester marks
o Finally, four (4) weeks, depending on examination dates, are dedicated to preparation,
sitting and submission of summative assessments, plus two (2) weeks for the
finalisation and release of overall module results.
This module makes use of the: AS4 Assessment Strategy.
o Two (2) Formative Assessment (FA) opportunities:

o Both are formally assessed for semester marks and contribute towards the final
module mark
o FA1 is in the form of an assignment.
o FA2 is in the form of a quiz.
o Two (2) Summative Assessment (SA) opportunities:

o Both are formally assessed for semester marks and contribute towards the final
module mark
o SA1 is an Invigilated Assessment Event in the form of a Paper Based Exam
Invigilated Assessment Event (examination).
o SA2 is in the form of an assignment (research essay).
7.2 Formative Assessments
The purpose of formative assessments is to determine where students are in relation to where
they should be in terms of the specific outcomes for each module. Formative assessments assist
students and Educators with making a determination as to what work will have to be revisited.
Thus, formative assessments are very important for students to monitor their progress and their
readiness to sit for examinations (summative assessments).
Formative assessments, excluding Invigilated Assessment Events which follow the protocols of
examination sittings (see also section 7.3 below), must be submitted for marking by uploading
to the LMS (refer to Annexure C) which can be accessed at the Support Centre or from home.
5
For a detailed breakdown of the 20 week cycle, in table format, pertaining to this module, see Annexure B.
To complete your formative assessment, please take note of the following:
Formative Assessment (FA1)

• Read the instructions for the assessment carefully before commencing with the
assessment.
• Remember to provide your:
o initials
o surname
o student number
o ID number
o email address
• In cases of assignments, essays, research papers or reports remember the following:
o Provide your student number at the top of each page of your assignment.
o Make sure that pages are numbered correctly.
• Complete and submit your assessment well ahead of the due date.
• Every formative assessment must be submitted from the correct module page on the
LMS. If a student submits their assessment incorrectly (for example, submitting a
Company Law 1 assignment in the Business Management 1 module page), the student
forfeits the grade for the assignment and will be awarded 0%. Boston does not assume
responsibility for ensuring that a student’s assignment reaches the correct
Educator/grader. Students have to ensure that they submit their assignment correctly
in order for a mark to be awarded.
Formative Assessment 2 (FA2):

• For Formative Assessment 2 assignments in the format of an MCQ quiz: Formative
Assessments 2 MCQ quizzes consists of 50 multiple choice questions. The questions
can be found, along with Formative Assessment 1 and Summative Assessment 2, in
the Course Outline for this module. Use the assessment as provided in your Course
Outline to prepare your answers.
• It is important to note, however, that a Formative Assessment 2 MCQ quiz is not
submitted in document form online. Rather, it is an online quiz to be completed on
ColCampus. The online quiz will be open for student attempts at the start of the
semester, and students can attempt the quiz an unlimited amount of times.
• The quiz must be completed and submitted by the due date for the Formative
Assessment 2 as per the Academic Calendar. Failure to complete the quiz by that
date will cause a mark of 0% to be awarded for the Formative Assessment 2 event.
7.3 Summative Assessments
Summative Assessment 1 (SA1):

Students are required to sit for a final integrative summative assessment (Invigilated Assessment
Event) for the module at the end of the semester. This will be completed under invigilated
conditions as this is an Invigilated Assessment Event (examination).6
To prepare for the examinations, please take note of the following:

• Study all the content as outlined in the study guide and/or prescribed textbook.
• Do not take unnecessary risks and ensure that all module content is studied thoroughly.
• Identify themes and refer to the specific outcomes and assessment criteria of each unit
or chapter.
6
See inter alia HE Invigilated Assessment Event Rules
• Answer the learning activities questions provided at the end of each unit or referenced
self-assessment questions per chapter in the study guide and/or prescribed textbook. This
will provide an indication of the level of mastery of study material.
• Plan your studies according to the examination dates and the due date set for your
assessment in Annexure C: Academic Calendar.
Summative Assessment 2 (SA2):

In addition to SA1, students are required to complete and submit a final integrative summative
assessment (assignment) for the module per the HE Academic Calendar. This will be in the form
of a research essay. It must be in typed format and uploaded on the LMS.
8. GRADE REQUIREMENTS
The Formative and Summative assessments are weighted according to the following
guidelines:
• Formative assessment is weighted forty percent (40%) of the final module mark
• Summative assessment is weighted sixty percent (60%) of the final module mark
8.1 General
The combination of type of assessment, weighting per assessment, sub-minimum per

assessment, and overall module pass requirements are detailed in the Table below.
Assessment/Type Weight
Due Date: Formative 20%
Refer: Academic Calendar Assessment 1
Due Date: Formative 20%
Due Date: Summative 50%
Due Date: Summative 10%
8.2 Summative Assessment Entry Requirements
There are no entry requirements for the Summative Assessments, however the overall mark
will be calculated from the student’s performance on the formative assessment (FA) and
summative assessment (SA).
• The two FAs will count forty percent (40%) – twenty percent (20%) each – towards the
overall mark.
• The two SA’s, in the form of a final exam will count fifty percent (50%) and a research or
reflective essay will count ten percent (10%) towards the overall mark.
8.3 Requirements for Promotion and Distinction
In order to obtain a pass result for a module and be awarded the module credits (promoted),
students must obtain a module average of fifty percent (50%) or higher. The average is
calculated according to the weightings as indicated in the table above. For a student intending
to be promoted with “Distinction”, a module average of seventy-five percent (75%) or higher
is required.
8.4 Supplementary Assessments
There are no supplementary opportunities available for the Formative Assessments. Students
who do not qualify for promotion (i.e. have not obtained a module average of 50%), are
eligible to participate in supplementary summative assessment/s.
9. STUDY PROCEDURE AND GUIDELINES FOR COMPLETING ASSESSMENTS
• Study the content of each unit and/or chapter before proceeding to the next unit
and/or chapter.
• Complete the learning activities within each unit and self-assessment questions at
the end of each unit and/or chapter.
• Complete and submit your assessments as soon as possible.
• Students must keep in mind that although all Educators are professional
academics, they are also human. A well-presented answer, in typed or printed
format, will make it easier for the examiner to read answers and to evaluate the
student’s knowledge.
• Answers must be neat, well organised and grammatically edited.
• Formative Assessment questions may also be used as Summative Assessment
questions.
10. PLAGIARISM
Plagiarism (copying) is a serious offence and is a contravention of the Copyright Act (98 of
1978) of South Africa. Students are guilty of plagiarism when they appropriate the ideas and
work of others without due recognition. For detailed information about the nature of
plagiarism, as well as how to avoid committing plagiarism, refer to Annexure D.
It is important to note that plagiarism has been committed when two or more students
submit identical, verbatim copies of the same assessment and/or examination answers. The
Academic Committee reserves the right to take appropriate action in cases where plagiarism
is found. Should it be found that a student copied an assessment or examination answer from
a fellow student, both students involved will not receive their result for that particular
assessment.
10.1 Copyleaks
10.1.1 What is Copyleaks?
Copyleaks is a comprehensive anti-plagiarism software that is utilised by Boston to prevent
plagiarism and detect academic dishonesty and/or unethical behaviour where students
attempt to cheat or “fool” the anti-plagiarism software by making use of hidden characters
or software. Copyleaks also identifies AI-generated text.
10.1.2 How does Copyleaks work?

Copyleaks is an artificial intelligence platform that is able to compare text from online and
other sources and detect plagiarism and/or academic dishonesty. After submitting your
assignment, you will receive a comprehensive report with results, an aggregate similarity
percentage, and the ability to compare results against your original text. A Copyleaks Cheat
Detection Report (see below) will also indicate possible suspected cheating whereby
Copyleaks has identified attempts to cheat or “fool” the anti-plagiarism software by making
use of hidden characters or AI-generated text.
To ensure that students abide by ethical practices when completing and submitting
assignments, the plagiarism verification system, Copyleaks, has been implemented. This tool
will verify the levels of similarities between a student’s submitted assignment and other
original sources as well as suspected cheating (see below). With each SA2 submission that a
student uploads onto ColCampus, a Copyleaks report will be issued, indicating a similarity
percentage. This report will serve as a plagiarism indicator to both the student, as well as the
grader. As students can submit assignments multiple times before the due date, a Copyleaks
report will be issued for the final submission.
For a Copyleaks report to be issued, students are required to take the following steps when
uploading SA2 assignments onto ColCampus:
• No scanned PDF assignments are allowed to be submitted. Assignments MUST be directly

converted from MS Word to PDF format.
• For assignments with multiple file type submissions, as instructed in the specific
assignment, the required PDF document must be uploaded LAST.
• For HGPLC230-1 - Summative Assessment 2 (SA2): If the incorrect document is
uploaded, or if no Copyleaks Report is issued, or if the Copyleaks Report indicates that
a 30% similarity rating has been exceeded, a mark of zero (0) will be awarded. Where a
Copyleaks Cheat Detection Report is issued, your submission will automatically be
treated as if you received a similarity rating in excess of 30% and a mark of zero (0) will
be awarded.
• Delays in viewing the similarity report might intermittently be experienced, especially

in the last few hours before the cut-off time. Students should allow for at least 24 hours
for a report to be generated. Time management is thus critically important - uploading
and checking similarity scores should NOT be left until the last minute.
Please refer to the Copyleaks Guide for Students in the HE Library module (on ColCampus) for
a basic “how-to” guide to the system.
Suspected Cheating
A Cheat Detection Report will appear in the similarity report when a scan has detected an
abnormality in a submitted document. These abnormalities are usually present due to a
student’s efforts to cheat or “fool” the plagiarism scan. Certain software when utilised may
also result in a Cheat Detection Report being issued. In order to avoid this, please ensure that
you follow the abovementioned requirement whereby assignments must be directly
converted from MS Word to PDF before being submitted. Please refer to your relevant
Induction Letter wherein details are provided how to access inter alia the Microsoft Office
Suite, which includes access to MS Word.
Where a Cheat Detection Report is issued, the student’s submission will automatically be
treated as if it received a similarity rating in excess of 30%.
11. CONCLUSION
The best way to prepare for an assessment is to work methodically and continuously
throughout the semester. This requires students to:
• Plan and programme their studies, and the writing of assessments by taking into account
their personal and work schedules and other commitments.
• Make a habit of planning well ahead, and noting in advance those dates and events that
could affect their studies.
• Arrange study leave and study blocks well in advance.
We wish you every success in your studies!
ANNEXURE A:
EXPLANATION OF ACTION VERBS REQUIRED FOR COMPLETING ASSESSMENTS
Action verb Description

Analyse Describe the different parts of a topic and explain how they work
together or not. Give arguments for and against each situation. A
reasonable amount of insight must be shown in terms of knowledge
already gained in this regard.
Apply Show the application of acquired knowledge or given information in
practice or in relation to what is asked. Use knowledge to find an answer
to the question.
Comment Give your own opinion regarding the subject matter and illustrate it
through examples. Interpret and evaluate.
Compare Contrast facts, events or problems and indicate the similarities and
differences, or analyse the similarities and differences between
statements, ideas, etc.
Contrast Point out the differences between certain objects, facts, events or
characteristics.
Criticise Point out the good and bad characteristics or viewpoints and give your
own opinion after taking into account all the facts.
Define Give a clear, to the point, systematic explanation or description of
concepts; to reflect the precise meaning thereof.
Describe Give the characteristics, basic facts or results in a logical, systematic and
well-structured manner. Comments and your own interpretation are not
necessary.
Discuss Give terminology and concepts in your own words with comments or
your own interpretation. Compare, contrast and debate.
Design Create and plan. Portray by means of illustrations or concrete objects.
Create a model with a specific objective in mind and indicate the
planning phase.
Evaluate Make an assessment of values based on specific points of reference or
criteria and give your own opinion. Do not describe. Personal viewpoints
may be given.
Explain Clarify the term, concept or topic by presenting it with your own
knowledge and words. If required you can use illustrations, descriptions
or simple logical layout of the facts.
Illustrate Use a sketch, picture, diagram, graph or concrete item to explain a
concept or solve a problem. This can also mean to give examples in well-
chosen, descriptive words.
Motivate Provide reasons and comment.
Summarise State the key or most important aspects of a topic without detail,
illustrations, critical analysis and discussion.
ANNEXURE B:
PROPOSED STUDY PROGRAMME
Each semester has a 14-week duration from the last day of Registrations to the start of the
Examination Period. We strongly recommend that students follow the study programme for
the course outlined below closely. It is important not to fall behind. Students are expected to
apply a great deal of self-discipline otherwise they may be unprepared for the examination.
See Table overleaf.
ANNEXURE B: PROPOSED STUDY PROGRAMME
General Principles of the Law of Contract (HGPLC230-1)

LEARNING OUTCOMES TMS FORMATIVE SUMMATIVE
PRESCRIBED RECOMMENDED
WEEK After studying the prescribed and recommended (VIDEO) ASSESSMENT ASSESSMENT OTHER
COURSEWARE BOOK(S)
material for the week, you should be able to: HOURS: (FA) (SA)
Chapter 1: Nature and basis of a contract
• Examine when an agreement will create legally
enforceable obligations;
• Identify legally binding agreements that are not
contracts and legally binding agreements that are
more than contracts; Complete
• Define a contract; Unit 1 Chapter 1:
Self-
Nature and Take note of
• Outline the requirements for a valid contract; Assessment
basis of a important
1 • Explain the nature of contract; Activities and
contract N/A dates in your
• Distinguish between the law of contract and other Learning
Academic
branches of the law of obligations; Activities
120 mins Calendar
• Discuss the development of the modern notion of
180 mins 60 mins
contract; 240 mins
• Examine the impact that the Constitution has had on
the law of contract;
• Determine the basis of the law of contract;
• Explain the theories of contract; and
• Examine the cornerstones of contract.
Chapter 2: Offer and Acceptance
• Discuss/apply the requirements for a valid offer;
• Examine the following offers to the public: Unit 2 Chapter 2: Complete
o Advertisements; Offer and Self-
Take note of
o Promises of reward; Acceptance 120 mins Assessment
important
2 o Calls for tenders; and Activities and
N/A dates in your
o Auctions. Learning
Academic
• Explain when an offer is considered to be 180 mins 60 mins Activities
Calendar
terminated;
• Analyse the requirements for valid acceptance; 240 mins
• Determine when and where acceptance takes place;
33 ProposedStudyProgramme-HGPLC230-1-Jan-June2024-DK-V2-06022024
COURSEWARE BOOK(S)
• Differentiate between the different theories of
acceptance;
• Discuss the concept of pacta de contrahendo;
• Examine the option contract; and
• Analyse the preference contract.
Chapter 3: Mistake/ Absence of consensus
• Distinguish between the different classifications of
mistake;
• Examine the limitations of the will theory;
• Differentiate between the doctrines of estoppel and
quasi-mutual assent;
• Explain the iustus error doctrine;
• Discuss the reconciliation of the subjective and
objective approaches to contract law; Chapter 3:
• Identify a common mistake; and Mistake/ Complete
• Explain the role of rectification of a contract. Unit 3 Absence of Self-
Take note of
consensus Assessment
important
3 Chapter 4: Improperly obtained consensus Chapter 4: Activities and
N/A dates in your
• Explain restitutio in integrum, delictual damages and Improperly Learning
Academic
recission as remedies for improperly obtained obtained 120 mins Activities
Calendar
consensus; 180 mins consensus
• Analyse when misrepresentation takes place in a 240 mins
contractual agreement; 60 mins
• Distinguish between misrepresentation and other
pre-contractual misstatements;
• Differentiate between mistake and
misrepresentation;
• Determine what remedies are available for
misrepresentation;
• Examine the issue of misrepresentation by silence;
• Explain the requirements for duress;
COURSEWARE BOOK(S)
• Discuss the requirements for undue influence; and
• Identify cases of commercial bribery.

LEARNING OUTCOMES PRESCRIBED TMS FORMATIVE SUMMATIVE
RECOMMENDED
WEEK After studying the prescribed and recommended COURSEWARE (VIDEO) ASSESSMENT ASSESSMENT OTHER
BOOK(S)
Chapter 5: Contractual capacity
• Examine when a natural person will be without
contractual capacity;
• Analyse when a natural person will have limited
• Explain when a natural person will have full
Complete
• Determine the contractual capacity of juristic Chapter 5:
Unit 4 Self-
persons; and Contractual Take note of
Assessment
• Examine the contractual capacity of the State. capacity important
4 Activities and
Chapter 6: N/A dates in your
Learning
Chapter 6: Formalities Formalities Academic
120 mins Activities
• Identify the types of contracts where legal Calendar
180 mins
formalities are prescribed for validity in South Africa; 60 mins
240 mins
• Examine the contracts where there are formalities
prescribed for enforcement against third parties in
South Africa;
• Explain how legal requirements may be enforced in
electronic contracts;
• Determine the consequence of the parties
stipulating their own formalities for a contract;
LEARNING OUTCOMES PRESCRIBED TMS FORMATIVE SUMMATIVE
RECOMMENDED
WEEK After studying the prescribed and recommended COURSEWARE (VIDEO) ASSESSMENT ASSESSMENT OTHER
BOOK(S)
• Examine variation of a contract and non-variation
clauses;
• Explain non-cancellation clauses and their impact on
cancelling a contract; and
• Determine the legal consequences of a non-waiver
clauses.
Estimated
View/study preparation
Submit FA1
5&6 Sample time: 6 hours
DUE: FORMATIVE ASSESSMENT 1 Review Review N/A online on
Formative Due: Refer to
ColCampus
Assessments Academic
Calendar
Chapter 7: Legality
• Determine when illegal contracts are considered to
be void; Complete
Self-
• Provide specific examples of illegal or invalid Take note of
Unit 5 Chapter 7: Assessment
contracts; important
Legality Activities and
7 • Demonstrate the consequences of illegality on a 120 N/A dates in your
Learning
contract; mins Academic
180 mins 60 mins Activities
• Examine instances where illegal contracts are valid Calendar
but unenforceable; and
240 mins
• Examine the legality of agreements in restraint of
trade.
COURSEWARE BOOK(S)
Chapter 8: Possibility and certainty
• Examine the different types of impossibility in a
contract; Complete
Take note
• Determine when there may be liability despite Self-
Unit 6 Chapter 8: of
impossibility; Assessment
Possibility and important
8 • Demonstrate the consequences of impossibility on Activities and
certainty N/A dates in
a contract; Learning
your
• Explain the requirement of certainty in a contract; 120 mins Activities
180 mins 60 mins Academic
• Discuss the application of the certainty
Calendar
requirements to contractual examples; and 240 mins
• Examine the consequences of not meeting the
certainty requirement on contractual validity.
Chapter 9: Parties to a contract
• Determine the minimum amount of parties required
for a valid contract;
• Examine whether performance is divisible or
indivisible;
• Differentiate between the following mechanisms of
divisibility of performance: Chapter 9: Complete
Take note
o Simple joint liability and entitlement; Parties to a Self-
Unit 7 of
o Joint and several liability or entitlement; contract Assessment
important
9 o Collective joint liability and entitlement; and Chapter 10: Activities and
N/A dates in
o Several liability. Obligations and Learning
your
• Examine the consequences of contracting through terms 120 mins Activities
180 mins Academic
an agent;
Calendar
• Explain the contract for the benefit of a third party 60 mins 240 mins
(stipulato alteri); and
• Discuss the transfer of rights and duties to third
parties.
COURSEWARE BOOK(S)
Chapter 10: Obligations and terms
• Differentiate between the classification of
obligations;
• Distinguish between essentialia, naturalia and
incidentalia;
• Examine the various examples of express terms;
• Analyse the various forms of implied terms;
• Explain the effect that conditions may have a
contractual agreement;
• Define the time clause, and determine the
consequences it may have on a contract; and
• Examine other common contractual terms that may
be included in a contract.
Chapter 12: Forms of breach of contract Complete
• Differentiate between the various forms of breach of Self-
Take note
contract; and Assessment
Chapter 12: of
• Discuss, compare and/or apply the requirements of Unit 8 Activities and
Forms of breach important
10 the following forms of breach: Learning
of contract N/A dates in
o Mora debitoris; Activities
your
o Mora creditoris; 180 mins 120 mins
60 mins Academic
o Positive malperformance; 240 mins
Calendar
o Repudiation; and
o Prevent of performance.
Estimated
View/study preparation Submit
Sample time: 6 hours FA2 online
11&12 DUE: FORMATIVE ASSESSMENT 2 Review Review N/A
Formative Due: Refer to on
Assessments Academic ColCampus
Calendar
COURSEWARE BOOK(S)
Chapter 13: Remedies for breach
• Outline the different remedies for breach of
contract;
• Illustrate how damages and interest may be used
with other contractual remedies;
• Differentiate between claims for damages in delict
and in contract; Complete
Take note
• Identify the remedies aimed at keeping the contract Self-
Chapter 13 of
alive; Unit 9 Assessment
Remedies for important
13 • Explain, compare and/or apply the following breach
Activities and
N/A dates in
contractual remedies: Learning
120 mins your
o Exceptio non adimpleti contractus; 180 mins Activities
60 mins Academic
o Specific performance; Calendar
o Cancellation; 240 mins
o Restitution;
o Damages;
o Penalty clauses;
o Interest;
o Interdicts; and
o Declaration of rights.
COURSEWARE BOOK(S)
Chapter 14: Cession
• Explain the nature of a cession agreement;
• Examine the requirements for a valid cession;
• Determine the formalities associated with cession;
• Discuss cessions that may be considered unlawful;
• Identify when cession will result in prejudice to the
debtor;
• Explain the consequences of a valid cession
agreement; and
• Contrast between the following forms of cession:
Chapter 14: Complete
o Security cession;
Unit 10 Cession Self-
o Fiduciary security cession; and Review
Chapter 15: Assessment
o Pledge. feedback
14 Termination of Activities and
N/A on graded
obligations Learning
Chapter 15: Termination of obligations FA1&2 and
Activities
• Examine the issue of termination of obligations by 120 mins end of unit
180 mins
way of performance; interaction
60 mins 240 mins
• Determine termination of obligation by way of s
agreement;
• Explain termination of obligation by operation of
law;
• Examine the issue of prescription as a mechanism to
terminate obligations;
• Demonstrate an understanding of the effect
insolvency may have on obligations; and
• Examine the effect death may have on existing
obligations.
COURSEWARE BOOK(S)
Complete Self- Examination: Submit

Assessment Refer to SA2 online
15 - 17 EXAM WEEKS Review Review -
Activities and Academic on
Interactions Calendar Colcampus
ANNEXURE C: ACADEMIC CALENDAR FOR 2024
Academic Calendar Sem A 2024
SEMESTER: JANUARY - JUNE
Week Month Date Time Activity
February 16 17:00 Applications Close
February 17 13:00 Registrations Close
1 February 19 Studies Commence - Week 1
HPRM441-1 FA 1 – Assignment Due
Submit online via ColCampus no later than
1 February 25 23:59 25 February 2024 23:59. Feedback given in Week 2
2 March 3 23:59 3 March 2024 23:59. Feedback given in Week 3
FA 1 – Assignment Due
6 March 28 23:59 28 March 2024 23:59
HACP130-1, HADC401-1, HADC402-1, HADE400-1,
HADF400-1, HADL400-1, HADR1181, HADR230-1,
HADR400-1, HADV100-1, HADV1181, HADV200-1,
HADV300-1, HALL130-1, HALP1181, HALT130-1,
HANT130-1, HAPR300-1, HAPS1181, HASD200-1,
HAUD200-1, HAUD230-1, HAUD331-1, HAUD332-1,
HBFB1181, HBLE300-1, HBMN100-1, HBMN102-1,
HBMN1181, HBMN130-1, HBMN200-1, HBMN201-1,
HBMN230-1, HBMN231-1, HBMN232-1, HBMN233-1,
HBMN333-2, HBMN334-1, HBMT1181, HBRD1181,
HBRD300-1, HBRD330-1, HBTB1181, HCBB1181,
HCGA232-1, HCGE130-1, HCGE231-1, HCGE232-1,
HCHR1181, HCLT106-1, HCLT107-1, HCLT108-1,
HCML330-1, HCMLW230-1, HCNM1181,
HCONL330-1, HCOU1181, HCYLW230-1, HDBP200-1,
HECM1181, HECO130-1, HECO231-1, HECO232-1,
HEFA1181, HEMK1181, HENT100-1, HENT1181,
HENT130-1, HENT200-1, HENT230-1, HENT300-1,
HENT330-1, HEPSFA1181, HERL230-1, HERL330-1,
HETA231-1, HEVM100-1, HEVM1181, HEVM200-1,
HEVM300-1, HFAC130-1, HFAC131-1, HFAC132-1,
HFAC201-1, HFAC231-1, HFAC232-1, HFAC301-1,
HFAC334-1, HFMN230-1, HFMN233-1, HFMN300-1,
HFMN301-1, HFMN302-1, HFMN330-1, HFMN331-1,
HFOA100-1, HGOP330-1, HGPLC230-1, HGPLD230-1,
HHIVC1181, HHM1181, HHMP1181, HHP1181,
HHRD100-1, HHRD130-1, HHRD200-1, HHRD230-1,
HHRD300-1, HHRF1181, HHRM100-1, HHRM130-1,
42 AcademicCalendar2024-V2-06022024
HHRM200-1, HHRM230-1, HHRM300-1, HHRM331-1,
HHRM332-1, HHRM333-1, HHS1181, HHTD1181,
HHWPT1181, HIAI1181, HIAP1181, HICMA1181,
HIFSE1181, HIIR1181, HILFA1181, HIMC300-1,
HIND1181, HINT1181, HIPLW130-1, HIPM300-1,
HISL130-1, HISM100-1, HISM200-1, HISM300-1,
HIT1181, HITFA1181, HLAA130-1, HLGE330-1,
HLLW330-1, HLTX330-1, HLWC1181, HLWC130-1,
HLWC200-1, HLWC230-1, HLWE230-1, HLWH1181,
HLWI230-1, HLWL200-1, HLWL300-1, HLWM200-1,
HLWP130-1, HLWS130-1, HMAC200-1, HMAC202-1,
HMAC230-1, HMAC300-1, HMAC330-1, HMKR1181,
HMKT100-1, HMKT1181, HMKT130-1, HMKT200-1,
HMKT230-1, HMKT300-1, HMKT330-1, HMLW1181,
HNTS300-1, HODV1181, HPAA200-1, HPAD1181,
HPBM440-1, HPBM441-1, HPBM442-1, HPBM443-1,
HPBM444-1, HPCP440-1, HPDL230-1, HPFM440-1,
HPI1181, HPLM1181, HPLW230-1, HPLW440-1,
HPMK440-1, HPMK442-1, HPPC1181, HPPR1181,
HPPS1181, HPR1181, HPR200-1, HPRM1181,
HPRM440-1, HPSW200-1, HPSW230-1, HPSY131-1,
HPSY132-1, HPSY231-1, HPSY232-1, HPSY331-1,
HPSY332-1, HPX100-1, HPXN200-1, HPXS200-1,
HRDC1181, HRMB330-1, HRML330-1, HRMM330-1,
HRMS230-1, HRMS331-1, HRP1181, HSAD300-1,
HSAP1181, HSCI1181, HSDJ1181, HSEC1181,
HSEC200-1, HSEM1181, HSFT300-1, HSHE1181,
HSMB1181, HSMS1181, HSOC131-1, HSOC132-1,
HSOC231-1, HSOC232-1, HSOC331-1, HSOC332-1,
HSOS1181, HSPM300-1, HSPS1181, HSYD100-1,
HSYD201-1, HSYD202-1, HSYD300-1, HTAX201-1,
HTAX202-1, HTAX230-1, HTAX331-1, HTAX332-1,
HTCP300-1, HTDP1181, HTDS1181, HTDSA1181,
HTOP1181, HTSS100-1, HTTM1181, HWADE1181,
HWBAC230-1, HWBHR330-1, HWBLW330-1,
HWBMM330-1, HWBSS330-1, HWCACP1171,
HWCBMP1171, HWCGMT1181, HWCHAP1181,
HWCHCM1171, HWCHMP1181, HWCHPR1181,
HWCHRM1171, HWCHRP1181, HWCLSP1171,
HWCMDM1181, HWCMP1171, HWCMSM1181,
HWCMSP1181, HWCMTM1181, HWCPLP1181,
HWCTTMP1181, HWDBM300-1, HWDEM300-1,
HWDFA300-1, HWDHR300-1, HWDMM300-1,
HWFM300-1, HYFT1181
FA 1 – Online Quiz Due
Complete online via ColCampus no later than
6 March 28 23:59 28 March 2024 23:59
HCLT101-1, HCLT103-1, HCLT104-1, HCLT105-1,
HNTS221-1, HNTS222-1, HPXN301-1, HPXS301-1
9 April 18 17:00 FA 1 - Results Release

10 April 25 13:00 FA 1 - Results Appeal Close and Release
10 April 26 23:59 26 April 2024 23:59. Feedback given in Week 12
FA 2 - Assignment Due
12 May 10 23:59 10 May 2024 23:59
HACP130-1, HALL130-1, HALT130-1, HAUD230-1,
HAUD331-1, HAUD332-1, HBMN130-1, HBMN233-1,
HBMN330-1, HCGA232-1, HCGE231-1, HCGE232-1,
HCLT104-1, HCLT107-1, HCLT108-1, HECO130-1,
HEFA1181, HENT130-1, HETA231-1, HFAC130-1,
HFMN230-1, HFMN330-1, HFMN331-1, HGOP330-1,
HHRD130-1, HHRM130-1, HHRM332-1, HHRM333-1,
HISL130-1, HLAA130-1, HLGE330-1, HLWC130-1,
HLWP130-1, HMAC230-1, HMAC330-1, HMKT130-1,
HMKT330-1, HPBM440-1, HPBM441-1, HPBM442-1,
HPBM443-1, HPBM444-1, HPCP440-1, HPFM440-1,
HPI1181, HPLW440-1, HPMK440-1, HPMK442-1,
HPRM440-1, HSYD100-1, HSYD201-1, HTAX230-1,
HTAX331-1, HTAX332-1, HWBAC230-1, HWBHR330-1,
HWBLW330-1, HWBMM330-1, HWBSS330-1,
HWCACP1171, HWCBMP1171, HWCGMT1181,
HWCHAP1181, HWCHCM1171, HWCHMP1181,
HWCHPR1181, HWCHRM1171, HWCHRP1181,
HWCLSP1171, HWCMDM1181, HWCMP1171,
HWCMSM1181, HWCMSP1181, HWCMTM1181,
HWCPLP1181, HWCTTMP1181, HWDBM300-1,
HWDEM300-1, HWDFA300-1, HWDHR300-1,
HWDMM300-1
FA 2 – Online Quiz Due
Complete online via ColCampus no later than
12 May 10 23:59 10 May 2024 23:59
HADC401-1, HADC402-1, HADE400-1, HADF400-1,
HADL400-1, HADR230-1, HADR400-1, HANT130-1,
HBMN333-2, HBMN334-1, HBRD330-1, HCGE130-1,
HCLT101-1, HCLT105-1, HCML330-1, HCMLW230-1,
HCONL330-1, HCYLW230-1, HECO231-1, HECO232-1,
HENT230-1, HENT330-1, HEPSFA1181, HERL230-1,
HERL330-1, HFAC201-1, HFMN233-1, HGPLC230-1,
HGPLD230-1, HHRD230-1, HHRM230-1, HHRM331-1,
HIFSE1181, HILFA1181, HIPLW130-1, HLLW330-1,
HLTX330-1, HLWC230-1, HLWE230-1, HLWI230-1,
HLWS130-1, HMAC200-1, HMKT230-1, HPDL230-1,
HPLW230-1, HPSW230-1, HPSY131-1, HPSY132-1,
HPSY231-1, HPSY232-1, HPSY331-1, HPSY332-1,
HRMB330-1, HRML330-1, HRMM330-1, HRMS230-1,
HRMS331-1, HSOC131-1, HSOC132-1, HSOC231-1,
HSOC232-1, HSOC331-1, HSOC332-1
HPXN302-1 FA 1 Online Quiz and HPXN302-1 Draft
Project Proposal Assignment Due. Submit online via
12 May 10 23:59 ColCampus no later than 10 May 2024 23:59.
HPXS302-1 FA 1 – Online Quiz Due
12 May 10 23:59 10 May 2024 23:59.
13 May 17 13:00 FA 2 - Results Release
14 May 23 17:00 FA 2 - Results Appeal Close and Release
HCLT107-1, HCLT108-1, HSYD100-1, HSYD201-1,
FA 3 – Assignment Due. Submit online via
15 May 27 23:59 ColCampus no later than 27 May 2024 23:59.
SA 1 Time Table for PAPER BASED EXAM
INVIGILATED ASSESSMENT EVENTS only (with SA 2).
Remember: SA 2’s to be submitted online via
15 to 17 May – June 27 - 10 ColCampus as per due date on SA 2 cover page.
15 May 27 09:00-12:00 HFAC132-1, HFAC232-1, HTAX332-1
09:00-11:00 HANT130-1, HBMN201-1, HIFSE1181
12:00-14:00 HBMN230-1, HLWC200-1
15:00-17:00 HCMLW230-1, HHRM331-1
15 May 28 09:00-12:00 HFAC130-1, HFAC231-1, HFAC332-1
09:00-11:00 HADV300-1, HCGE130-1, HHRM200-1, HMAC300-1
12:00-14:00 HBMN200-1, HFAC201-1, HFMN302-1
15:00-17:00 HADV200-1, HCGE232-1, HCML330-1
15 May 29 09:00-12:00 HAUD332-1
09:00-11:00 HBMN231-1, HEVM100-1, HSOC332-1
12:00-14:00 HCYLW230-1, HFAC301-1, HPI1181
15:00-17:00 HENT200-1, HFMN330-1
15 May 30 09:00-12:00 HTAX230-1, HTAX331-1
09:00-11:00 HHRD200-1, HHRD300-1, HTAX201-1, HTAX202-1
12:00-14:00 HEVM200-1, HEVM300-1, HFMN301-1, HPSY132-1
15:00-17:00 HECO231-1, HECO232-1
15 May 31 09:00-12:00 HETA231-1, HFAC333-1
09:00-11:00 HGPLC230-1, HGPLD230-1, HLWC130-1, HPSW200-1
12:00-14:00 HBMN331-1, HERL230-1, HIMC300-1, HLWC230-1
15:00-17:00 HAUD200-1, HBLE300-1, HGOP330-1
16 June 3 09:00-12:00 HBMN233-1, HFAC302-1, HFAC331-1
09:00-11:00 HBMN333-2, HHRM230-1
12:00-14:00 HLWM200-1, HPSY231-1, HPSY331-1
15:00-17:00 HADR230-1, HENT230-1, HENT330-1, HFMN233-1
16 June 4 09:00-12:00 HFAC131-1, HFMN230-1
09:00-11:00 HBRD300-1, HLWI230-1, HPSY131-1
12:00-14:00 HAPR300-1, HCONL330-1, HEPSFA1181
15:00-17:00 HERL330-1, HPR200-1
16 June 5 09:00-12:00 HFAC334-1, HMAC230-1, HMAC330-1
09:00-11:00 HMAC200-1, HMAC202-1, HPSY332-1
12:00-14:00 HLWL300-1, HPDL230-1
15:00-17:00 HRMM330-1, HPSY232-1
16 June 6 09:00-12:00 HAUD230-1
09:00-11:00 HBMN301-1, HFMN300-1, HILFA1181, HSOC131-1
12:00-14:00 HHRD230-1, HLLW330-1
15:00-17:00 HLWE230-1, HRMB330-1, HSEC200-1
16 June 7 09:00-12:00 HCGA232-1, HFMN331-1
09:00-11:00 HBRD330-1, HRMS230-1, HPLW230-1, HSOC132-1
12:00-14:00 HMKT200-1, HMKT230-1, HLWL200-1
15:00-17:00 HBMN334-1, HPAA200-1
17 June 10 09:00-12:00 HAUD331-1
09:00-11:00 HBMN232-1, HLTX330-1, HSOC231-1, HSOC232-1
12:00-14:00 HBMN300-1, HPSW230-1, HSOC331-1
SA 1 Time Table for ONLINE EXAM INVIGILATED
ASSESSMENT EVENT which are open book and with
SA 2’s to submit. These exams must be completed
on the stipulated dates as indicated below, and be
invigilated. Remember: SA 2’s to be submitted
online via ColCampus as per due date on SA 2 cover
page.
16 June 3 09:00-12:00 HPBM440-1
16 June 6 09:00-12:00 HPMK440-1
17 June 10 09:00-12:00 HPBM443-1
ASSESSMENT EVENTS only.
No SA 2’s to submit. These exams must be
15 to 17 May – June 27 - 10 completed within the exam period.
HADR1181, HADV1181, HALP1181, HAPS1181,
HBFB1181, HBMN1181, HBMT1181, HBRD1181,
HBTB1181, HCBB1181, HCHR1181, HCLT101-1,
HCLT103-1, HCLT105-1, HCLT106-1, HCNM1181,
HCOU1181, HECM1181, HEMK1181, HENT1181,
HEVM1181, HHIVC1181, HHM1181, HHMP1181,
HHP1181, HHRF1181, HHS1181, HHTD1181,
HIIR1181, HIND1181, HINT1181, HIT1181,
HITFA1181, HLWC1181, HLWH1181, HMKR1181,
HMKT1181, HMLW1181, HODV1181, HPAD1181,
HPLM1181, HPPC1181, HPPR1181, HPPS1181,
HPR1181, HPRM1181, HRDC1181, HRP1181,
HSEM1181, HSHE1181, HSMB1181, HSMS1181,
HSOS1181, HSPS1181, HTDP1181, HTDS1181,
HTDSA1181, HTOP1181, HTTM1181, HWADE1181,
HYFT1181
ASSESSMENT EVENTS with SA 2’s to submit. These
exams must be completed within the exam period.
Remember: SA 2’s to be submitted online via
15 to 17 May – June 27 - 10 ColCampus as per due date on SA 2 cover page.
HACP130-1, HADV100-1, HALL130-1, HALT130-1,
HBMN100-1, HBMN102-1, HBMN130-1, HDBP200-1,
HECO130-1, HEFA1181, HENT100-1, HENT130-1,
HFOA100-1, HHRD100-1, HHRD130-1, HHRM100-1,
HHRM130-1, HIPLW130-1, HIPM300-1, HISL130-1,
HISM100-1, HISM200-1, HISM300-1, HLAA130-1,
HLWP130-1, HLWS130-1, HMKT100-1, HMKT130-1,
HNTS221-1, HNTS222-1, HNTS300-1, HPXN200-1,
HPXN301-1, HPXS301-1, HSFT300-1, HSPM300-1,
HSYD202-1, HTCP300-1, HTSS100-1, HWFM300-1
SA 1 & SA 2 Time Table for projects / internship /
assignments only. Submit online via ColCampus no
15 to 17 May – June 27 - 10 23:59 later than 10 June 2024 23:59
HADL400-1, HADR400-1, HASD200-1, HBMN330-1,
HCGE231-1, HENT300-1, HHRM300-1, HHRM332-1,
HHRM333-1, HLGE330-1, HMKT300-1, HMKT330-1,
HPBM441-1, HPBM442-1, HPBM444-1, HPCP440-1,
HPFM440-1, HPLW440-1, HPMK442-1, HPRM440-1,
HPRM441-1, HPX100-1, HPXN302-1, HPXS200-1,
HPXS302-1, HRML330-1, HRMS331-1, HSAD300-1,
HSYD300-1, HWBAC230-1, HWBHR330-1,
HWDMM300-1
HCLT104-1, HCLT107-1, HCLT108-1, HSYD100-1,
HSYD201-1
SA 1 – Assignment Due. Submit online via
17 June 10 23:59 ColCampus no later than 10 June 2024 23:59.
HBACC230-1 and HBACC330-1
SA 1 for PAPER BASED EXAM INVIGILATED
17 June 14 09:00-12:30 ASSESSMENT EVENTS
19 June 25 13:00 SA 1 & 2 Results Release
19 June 28 17:00 SA 1 & 2 Results Appeal Close and Release
Supplementary SA 1 Time Table for PAPER BASED
EXAM INVIGILATED ASSESSMENT EVENTS only (with
Supplementary SA2). Remember: Supplementary SA
2’s to be submitted online via ColCampus as per due
20 to 21 July 4 - 10 date on Supplementary SA 2 cover page.
HFAC132-1, HTAX230-1, HFAC232-1, HTAX331-1,
09:00-12:00
20 July 4 HFAC334-1
HANT130-1, HBMN230-1, HBMN300-1, HEVM100-1,
09:00-11:00
HGPLD230-1, HPSY332-1
HBMN200-1, HBMN334-1, HIFSE1181, HLWC200-1,
12:00-14:00
HLWC230-1
HADV200-1, HCGE232-1, HCMLW230-1, HHRM331-1,
15:00-17:00
HLWC130-1, HPAA200-1, HPSW230-1
20 July 5 09:00-12:00 HFAC231-1, HETA231-1, HAUD331-1, HFMN331-1
HADV300-1, HENT200-1, HENT230-1, HEPSFA1181,
09:00-11:00
HFMN330-1, HHRM230-1, HMAC300-1
HBMN231-1, HBMN333-2, HCGE130-1, HCYLW230-1,
12:00-14:00
HFAC201-1, HFAC301-1, HFMN302-1, HRMS230-1
HECO231-1, HECO232-1, HENT330-1, HEVM200-1,
15:00-17:00
HEVM300-1, HLWI230-1, HPSW200-1
HFAC131-1, HMAC230-1, HFMN230-1, HFAC331-1,
09:00-12:00
21 July 8 HTAX332-1, HFAC130-1, HFAC302-1
09:00-11:00 HAPR300-1, HGOP330-1, HPSY131-1
HBMN331-1, HBRD300-1, HERL330-1, HLWM200-1,
12:00-14:00
HPLW230-1, HSOC132-1
HAUD200-1, HGPLC230-1, HHRM200-1, HPR200-1,
15:00-17:00
HPSY231-1, HPSY232-1, HPSY331-1
21 July 9 09:00-12:00 HBMN233-1, HCGA232-1, HMAC330-1, HFAC333-1
HBMN201-1, HLWE230-1, HMAC200-1, HMAC202-1,
09:00-11:00
HPSY132-1, HRMB330-1, HSOC332-1
HBLE300-1, HCML330-1, HHRD200-1, HHRD300-1,
12:00-14:00
HIMC300-1, HPI1181, HRMM330-1
HBMN301-1, HERL230-1, HFMN233-1, HFMN300-1,
15:00-17:00
HFMN301-1, HMKT200-1, HMKT230-1, HPDL230-1
21 July 10 09:00-12:00 HAUD230-1, HFAC332-1, HAUD332-1
HADR230-1, HBMN232-1, HHRD230-1, HILFA1181,
09:00-11:00 HLTX330-1, HSEC200-1, HSOC131-1, HTAX201-1,
HTAX202-1
HBRD330-1, HCONL330-1, HLLW330-1, HLWL200-1,
12:00-14:00
HLWL300-1, HSOC231-1, HSOC232-1, HSOC331-1
Supplementary SA 1 Time Table for open book
ONLINE EXAM INVIGILATED ASSESSMENT EVENTS
with Supplementary SA 2’s to submit. These exams
must be completed on the stipulated dates as
indicated below, and be invigilated. Remember:
Supplementary SA 2’s to be submitted online via
ColCampus as per due date on Supplementary SA 2
cover page.
20 July 4 09:00-12:00 HPBM440-1
21 July 8 09:00-12:00 HPMK440-1
21 July 10 09:00-12:00 HPBM443-1
Supplementary SA 1 Time Table for ONLINE EXAM
INVIGILATED ASSESSMENT EVENTS only. No
Supplementary SA 2’s. These exams must be
20 to 21 July 4 - 10 completed within the exam period.
HADR1181, HADV1181, HALP1181, HAPS1181,
HBFB1181, HBMN1181, HBMT1181, HBRD1181,
HBTB1181, HCBB1181, HCHR1181, HCLT101-1,
HCLT103-1, HCLT105-1, HCLT106-1, HCNM1181,
HCOU1181, HECM1181, HEMK1181, HENT1181,
HEVM1181, HHIVC1181, HHM1181, HHMP1181,
HHP1181, HHRF1181, HHS1181, HHTD1181,
HIIR1181, HIND1181, HINT1181, HIT1181,
HITFA1181, HLWC1181, HLWH1181, HMKR1181,
HMKT1181, HMLW1181, HODV1181, HPAD1181,
HPLM1181, HPPC1181, HPPR1181, HPPS1181,
HPR1181, HPRM1181, HRDC1181, HRP1181,
HSEM1181, HSHE1181, HSMB1181, HSMS1181,
HSOS1181, HSPS1181, HTDP1181, HTDS1181,
HTDSA1181, HTOP1181, HTTM1181, HWADE1181,
HYFT1181
Supplementary SA 1 Time Table for ONLINE EXAM
INVIGILATED ASSESSMENT EVENTS with
Supplementary SA 2’s to submit. These exams must
be completed within the exam period. Remember:
Supplementary SA 2’s to be submitted online via
ColCampus as per due date on Supplementary SA 2
20 to 21 July 4 - 10 cover page.
HACP130-1, HADV100-1, HALL130-1, HALT130-1,
HBMN100-1, HBMN102-1, HBMN130-1, HDBP200-1,
HECO130-1, HEFA1181, HENT100-1, HENT130-1,
HFOA100-1, HHRD100-1, HHRD130-1, HHRM100-1,
HHRM130-1, HIPLW130-1, HIPM300-1, HISL130-1,
HISM100-1, HISM200-1, HISM300-1, HLAA130-1,
HLWP130-1, HLWS130-1, HMKT100-1, HMKT130-1,
HNTS221-1, HNTS222-1, HNTS300-1, HPXN200-1,
HPXN301-1, HPXS301-1, HSFT300-1, HSPM300-1,
HSYD202-1, HTCP300-1, HTSS100-1, HWFM300-1
Supplementary SA 1 & Supplementary SA 2 Time
Table for projects / internship / assignments only.
20 to 21 July 4 - 10 23:59 10 July 2024 23:59
HADL400-1, HADR400-1, HASD200-1, HBMN330-1,
HCGE231-1, HENT300-1, HHRM300-1, HHRM332-1,
HHRM333-1, HLGE330-1, HMKT300-1, HMKT330-1,
HPBM441-1, HPBM442-1, HPBM444-1, HPCP440-1,
HPFM440-1, HPLW440-1, HPMK442-1, HPRM440-1,
HPRM441-1, HPX100-1, HPXN302-1, HPXS200-1,
HPXS302-1, HRML330-1, HRMS331-1, HSAD300-1,
HSYD300-1, HWBAC230-1, HWBHR330-1,
HWDMM300-1
HCLT104-1, HCLT107-1, HCLT108-1, HSYD100-1,
20 to 21 July 4 - 10 23:59 HSYD201-1
Supplementary SA 1 – Assignment Due. Submit
online via ColCampus no later than 23:59.
HBACC230-1 and HBACC330-1 Supplementary SA 1
for PAPER BASED EXAM INVIGILATED ASSESSMENT
22 July 15 09:00-12:30 EVENTS
22 July 17 17:00 Supplementary SA 1 & 2 Results Release
Supplementary SA 1 & 2 Results Appeal Close and
23 July 22 13:00 Release
HE OFFICE CLOSED FROM 23 JULY – 26 JULY 2024
ANNEXURE D: PLAGIARISM INFORMATION SHEET
INFORMATION SHEET: PLAGIARISM
This document serves as a source of information regarding the nature of plagiarism, why it is
important to avoid, and how to ensure that you do not commit plagiarism.
Definition
Plagiarism is the reproduction of somebody else’s work or ideas, and presenting it as your own
without giving recognition to that person (Larney, 2012:5). Any piece of work that you present
under your own name must indeed be your own. If you used someone else’s ideas or words
without citing that person’s work, you have committed plagiarism.
Importance
If you have used someone else’s words or ideas in your work without giving them due credit, that
amounts to you presenting that person’s ideas as your own (AAUP, 2015:6). This affects the
academic integrity of your work, and can also be considered an infringement on the copyright of
the author whose work you used. It is therefore very important to avoid plagiarism when you
present academic work.
Examples
Plagiarism comes in many forms and is not limited to the direct quotation of another person’s
work without giving him credit. The most important cases of plagiarism are set out below:
Plagiarism of Ideas
Definition: Appropriating an idea (e.g. an explanation, a theory, a conclusion, a

hypothesis, a metaphor) in whole or in part, or with superficial modifications, without
giving credit to its originator (Roig, 2011:4)
Example: Original text: “Customer involvement is a fairly novel phenomenon in the

marketplace. By involving customers in the service delivery process, innovation and
productivity is improved.” (Axcell et al, 2015:217)
51 PlagiarismInformationSheet-HGPLC230-1
Plagiarism of idea: “If one involves customers in the process of service delivery, this
generally increases innovation and productivity – even though this idea is still a relatively
new and foreign one in the marketplace.”
This is plagiarism because the idea of Axcell et al was taken directly without providing a
reference to their work. The plagiariser only changed “novel idea” to “a relatively new
and foreign idea” to his own version – but this does not represent his own thoughts. It is
the idea of Axcell et al written in a slightly different way.
This can be corrected by adding a reference to the source into work. For example: “If one
involves customers in the process of service delivery, this generally increases innovation
and productivity – even though this idea is still a relatively new and foreign one in the
marketplace (Axcell et al, 2015:217).
Plagiarism of Text
Definition: Copying a portion of text from another source without giving credit to its
author and without enclosing the borrowed text in quotation marks (Roig, 2011:6).
Example: Original text: “The period from 1652 to 1870 was characterized by colonial
settlement and slavery. 1870 – 1924 bought the discovery of gold and diamonds, limited
trade unionism, industrialization and oppression of black workers. From 1924-1956 the
Industrial Conciliation Act was promulgated which created dispute settlement
mechanisms through establishing industrial councils.” (Thompson, 2015: 94).
Plagiarism of text: The period from 1652 to 1870 was characterized by colonial settlement
and slavery. 1870 – 1924 bought the discovery of gold and diamonds, limited trade
unionism, industrialization and oppression of black workers.
This is plagiarism because you are quoting the work of Thompson directly without putting
it in between quotation marks, and without providing a reference to his work.
This can be corrected by adding a reference to the source into the text and placing the
sentence in between quotation marks. For example: “The period from 1652 to 1870 was
characterized by colonial settlement and slavery. 1870 – 1924 bought the discovery of
gold and diamonds, limited trade unionism, industrialization and oppression of black
workers” (Thompson, 2015: 94).
Plagiarism by Improper Paraphrasing
Definition: Taking portions of text from one or more sources, paraphrasing what was said,
and then adding some of your own ideas to that text to pass the entire thought off as your
own. (Roig, 2011:7).
Example: Original text: “The entrepreneur has to be sensitive to opportunities or

problems arising in the business or outside. This awareness is the stimulus for creative
ideas. It is also important that one should have clarity concerning the nature of the
problem in order to develop a creative solution. Therefore, it is of utmost importance to
define the problem clearly.” (De Beer et al., 2008, 168)
Plagiarism by improper paraphrasing: It is important for an entrepreneur to be sensitive

to opportunities as well as problems that occur inside or outside the business. Such
awareness will allow him to come up with creative ideas. Therefore it is important to
pursue the continuous generation of creative ideas.
This is plagiarism because you merely rephrasing the idea of De Beer et al. and then
adding your own sentence to that, without giving reference to the authors for the first
part of your text.
This can be corrected by adding a reference to the source after the first part of this
paragraph. For example: “It is important for an entrepreneur to be sensitive to
opportunities as well as problems that occur inside or outside the business. Such
awareness will allow him to come up with creative ideas” (De Beer et al., 2008: 168).
Therefore it is important to pursue the continuous generation of creative ideas.
Tips to avoid plagiarism:
1) Ensure that you understand the source that you are using and the ideas that it is trying to
convey. A good rule of thumb is that if you can repeat what you have read in your own
words, you most likely have a good understanding of that work. And if you can do that –
you can be sure that you are writing your own ideas.
2) Refer to a few sources (or at least more than one) before starting to write your own work.
This allows you to develop your own thoughts and opinions on the subject matter.
3) Be sure to cite every source that you use. When you are collecting sources, ensure that
you have all the relevant detail for the source that you need to cite it correctly – refer to
the referencing guide in this regard
4) Use quotation marks around text that you have taken directly from an original source.
5) Always include a list of references at the end of your work, with the relevant detail of all
the sources you referred to in your text.
6) Read and edit your work to make sure that you can confidently present it as your own
words and ideas.
Useful sources if you want more information on plagiarism
UT-Austin Academic Integrity “A Brief Guide to Avoiding Plagiarism” (2012) Available at:
[http://www.utexas.edu/cola/cwgs/_files/pdf-4/ai2012.pdf]
The NWU referencing guide available on My.Boston.
LIST OF REFERENCES:
AAUP 2015. Policy Documents and Reports 11ed. Baltimore: Johns Hopkins University Press.
Axcell S., Benedict E., Pria S.D., Kharsany K., Meyer S., Williams S.J. 2015. Marketing
Management 3. Cape Town: EDGE Learning Media.
De Beer A.A., Zeelie D., Groenewald H., Watson H., Rossouw D., Jacobs H. 2008.
Entrepreneurial Skills. Cape Town: Juta and Co Ltd.
Larney, T. 2012 NWU Referencing Guide. Potchefstroom: North-West University Library

Services.
Roig, A. 2011. Avoiding Plagiarism, Self-Plagiarism, and Other Questionable Writing Practices:
A Guide to Ethical Writing. ORI. Avaialble at: [http://ori.hhs.gov/avoiding-plagiarism-self-
plagiarism-and-other-questionable-writing-practices-guide-ethical-writing. Last accessed:
9/11/2015]
Thompson, D. 2015 Company Law 2. Cape Town: EDGE Learning Media.
ANNEXURE E: BREAKDOWN OF PROPOSED COURSE MATERIAL
The prescribed book for this module is: D Hutchinson C Pretorius The Law of Contract in South
Africa. 4th edition (2022). Please note that all the chapters are prescribed. The course material is
divided into 10 units. These 10 units should be studied according to your proposed study
programme (Annexure B). Below, you can find a detailed breakdown of the chapters in the
prescribed textbook that make up the respective units in your study programme.

UNIT CHAPTERS IN PRESCRIBED TEXTBOOK
1 Chapter 1: Nature and basis of a contract
2 Chapter 2: Offer and Acceptance
3 Chapter 3: Mistake/ Absence of consensus
Chapter 4: Improperly obtained consensus
4 Chapter 5: Contractual capacity
Chapter 6: Formalities
Formative Assessment 1 therefore covers Units 1, 2, 3, and 4
5 Chapter 7: Legality
6 Chapter 8: Possibility and certainty
7 Chapter 9: Parties to a contract
Chapter 10: Obligations and terms
8 Chapter 12: Forms of breach of contract
Formative Assessment 2 therefore covers Units 5, 6, 7, and 8
9 Chapter 13: Remedies for breach
Chapter 14: Cession
10
Chapter 15: Termination of obligations
56 BreakdownofProposedCourseMaterial-Jan-June2024-DK-V2-06022024
ANNEXURE F: FORMATIVE ASSESSMENT 1
HIGHER EDUCATION PROGRAMMES
Academic Year 2024: January - June

Formative Assessment 1: General Principles of the Law of Contract
(HGPLC230-1)
NQF Level, Credits: 6, 10
Weighting: 20%
Assessment Type: Short & Essay Questions
Educator: Shanay Minnaar
Examiner: Dominique Kerchhoff
Due Date: 28 March 2024
Total: 100 marks
Instructions:
• This paper consists of eight (8) questions.

• It is based on Units 1- 4 of your textbook.
• All questions are compulsory.
• Your assessment must be typed using:
o Font: Arial
o Font size: 12
o Line spacing: 1.5
• Good Luck!
57 HGPLC230-1-Jan-June2024- FA1-DK-V3-15012024
The learning Outcomes assessed in this assessment are:
• Distinguish between the law of contract and other branches of the law of obligations.
• Determine the basis of law of contract
• Explain the iustus error doctrine.
• Examine when a natural person will be without contractual capacity.
• Analyse when a natural person will have limited contractual capacity.
• Explain when a natural person will have full contractual capacity.
• Determine the contractual capacity of juristic persons.
• Analyse when misrepresentation takes place in a contractual agreement.
• Determine what remedies are available for misrepresentation.
• Examine the contracts where there are formalities prescribed for enforcement against
third parties in South Africa.
• Explain when an offer is considered to be terminated.
• Examine the option contract.
Question 1 (13 marks)

In your own words, explain the concept of an obligation. In your answer mention the two
primary sources of the law of obligations.
Modern South African Law of Contract stems from two bases upon which a contract is
created. Identify and explain the dual basis upon which South African Law of Contract is
established.
Read the excerpt below and answer the question that follows:
“Our law allows a party to set up his own mistake in certain circumstances in order to escape
liability under a contract into which he has entered. But where the other party has not made
any misrepresentation and has not appreciated at the time of acceptance that his offer was
being accepted under a misapprehension, the scope for a defence of unilateral mistake is
very narrow, if it exists at all. At least the mistake (error) would have to be reasonable (iustus)
and it would have to be pleaded.”
Source: National and Overseas Distributors Corporation (Pty) Ltd v Potato Board 1958 (2) SA 473 (A).
Required:
In light of the excerpt above, discuss the doctrine of iustus error in terms of mistake in a
contract.
Determine the contractual capacity of the underlined parties in the following scenarios.
In addition, also explain whether those parties can enter into the contract with or without
assistance.
Notes to student: One (1) mark will be awarded for stating the contractual capacity of the
parties. Two (2) marks will be awarded for the explanation of regarding whether the parties
can enter into the contract with or without assistance.
a) Demi is a five-year old girl and wants to purchase a Malibu Barbie doll at the Barbie
Convention. (3 marks)
b) Nicolas is a 20-year-old male that suffers from a number of psychiatric conditions,

including a severe form of psychosis. As a result of these conditions, his mental
capacity is greatly impaired. However, Nicolas wants to purchase a car for himself
from the Toyota car dealership. (3 marks)
c) Max Steel (Pty) Ltd. is a mining company and wants to buy a piece of land in
Sterkfontein so that they can mine for minerals. (3 marks)
d) Sarah and Abraham are married in community of property. Sarah wants to pledge
the house furniture in order to secure a debt. (3 marks)
e) Gilbert is a single 30-year-old male and wants to purchase his dream holiday house
alongside the beach in Club Mykonos in Langebaan. (3 marks)

Read the fictious scenario below and answer the questions that follow:
Ramsey Properties sells residential and commercial buildings to enterprises and buyers.
However, the business has been struggling financially over the past few years because the
property market has been negatively affected by the Covid-19 pandemic and there has been
a constant rise in the interest rate. Therefore, there is a low demand for buying property.
Ramsey Properties is in desperate need of making a sale so that they can keep the business
afloat. In particular, Ramsey Properties is selling a small yet modern block of offices in the
Cape Town CBD for R5 million rand and if they make this sale, then Ramsey Properties
would make a generous profit from the sale.
Aaron is the owner of a successful tech company and sees the office block that Ramsey
Properties is selling. Aaron is very interested in buying the office block because the size and
location of the building is perfect for his business, and his clients. Since the office block is
in the Cape Town CBD, it will also attract new clients and grow his business even more.
Aaron expresses his interest to Ramsey Properties and a viewing of the building is soon set
up. However, there is one major issue that is wrong with the building, there is extremely
poor ventilation in the building and the air-conditioning system has a water leak which is
causing dampness.
Ramsey Properties is in desperate need of a sale and decides not to tell Aaron about this
fact, as it would risk Aaron not wanting to buy the building anymore. Soon, Aaron and a
representative of Ramsey Properties view the building and everything goes well, and there
are no obvious issues or concerns. Aaron is very impressed with the office block and asks
the representative, if there are any defects or issues with the building that he should be
aware of. The representative of Ramsey Properties says “No, there’s no major defects or
issues with the building at all, everything is in order and ready for you to move in.” Aaron
relies on this impression and agrees to buy the office building. The sale contract between
Ramsey Properties and Aaron is drafted and one of the clauses in the contract state that
the building is in excellent condition, without any material defects and complies with the local
building standards and regulations. Aaron is initially happy with the office building and
everything appears to be going well. However, after 6 months Aaron notices the water leaks
of the air-conditioning system is causing a lot of dampness on the walls and the poor
ventilation is causing a significant amount of toxic black mould to develop on the walls and
ceiling of some of the office spaces. Aaron is extremely upset because toxic black mould is
dangerous and can cause illness, and he has already spent so much money buying the
building. Aaron had to spend an additional R75 000 to improve the ventilation in the office,
fix the air-con water leak and get rid of the toxic black mould. He feels like he has been
cheated by Ramsey Properties and deeply regrets his decision. He decides to approach a
lawyer for legal advice.
Required:
5.1 You are the lawyer for Aaron, and your client wants to pursue a legal action against
Ramsey Properties. Evaluate the type of misrepresentation that has taken place and
what Aaron needs to prove in order for the cause of action to be successful against
Ramsey Properties. (20 marks)
Note to student: In your answer first identify the type/classification of misrepresentation

that has taken place between the two parties. Thereafter, provide a very brief explanation
of what that type of misrepresentation entails. Lastly and most importantly, list and APPLY
the requirements or elements that are applicable to the misrepresentation to the set of facts
presented to you in the scenario.
Note to student: Try to mention only the relevant information. Scenario questions require
you to apply the legal principles where applicable and come to a conclusion. In your
conclusion state whether all the elements have been satisfied, and whether Aaron would
have entered into the contract.
5.2 Identify and discuss the remedy that Aaron has available to him. Would Aaron be
entitled to any compensation with regards to his financial position? (5 marks)
FJ and Stacey are a loving engaged couple and are preparing for their dream wedding in
December 2024. Since Stacey and FJ both come from wealthy families, they want to protect
their assets. They have been talking about how their assets and gains should be distributed
or divided when their marriage comes to an end because of death or divorce. FJ and Stacey
verbally agree to enter into an ante-nuptial contract and get married out of community of
property.
Required
6.1 With reference to the scenario, is the ante-nuptial contract in its current form valid?
(2 marks)
you to apply the legal principles where applicable.
6.2 Discuss whether FJ and Stacey’s ante-nuptial contract in its current form is
enforceable against third parties. (7 marks)
Read the fictitious scenario below and answer the question that follows:
Tamar applies for the job position of Sociology Educator at an esteemed private higher
education institution called Ambition College. Tamar was successful during all the rounds
of interviews and assessments. On the 21st of August 2023, Ambition College extended an
offer to Tamar, offering her the job of Sociology Educator in the Psychology and Sociology
department. In terms of the offer letter, Tamar is expected to notify Ambition College of her
acceptance of the job offer by 25 August 2023. By the 1st of September 2023, Tamar has
still not notified Ambition College as to whether she accepts the job offer or not.
Required:
Since all that time has passed from the 21st of August 2023, discuss whether the job offer
from Ambition College is still available to Tamar or has the offer lapsed?
Roger and James are close friends and they share a love for video games. Roger has a
Sony PlayStation 5 console and three games that he is selling for R15 000, since he prefers
playing on an Xbox. Roger offers to sell the Sony PlayStation 5 console and the three games
to his close friend James. James is delighted and really wants to buy the PlayStation 5,
however he does not have all the money available at the moment, but any delay on his part
entails the risk that Roger might sell the PlayStation 5 to someone else. Roger then offers
to give James three days, whereby he can raise the necessary funds to pay for the
PlayStation 5. Both Roger and James agree to this, and Roger also promises that he will
not sell the PlayStation 5 console to someone else or withdraw the offer during that
stipulated time period.
Required:
8.1 Identify and briefly discuss the nature of the type of contract that is being illustrated
in the scenario above. (6 marks)
8.2 Assume that James rejects the main offer, which is the sale of the Sony PlayStation
5 console, what would then happen to the contract? (2 marks)
ANNEXURE G: SAMPLE FORMATIVE ASSESSMENT 1

Sample Formative Assessment 1: General Principles of Law of Contract
(HGPLC230-1)
Weighting: 20%
Assessment Type: Short & Essay Questions
Total: 100 marks
Instructions:
• This paper consists of seven (7) questions and is for revision purposes only.
• Good Luck!
66 HGPLC230-1-Jan-June2024-SampleFA1-DK-V1-27062023
• Explain variation of a contract and non-variation clauses.

• Define a contract.
• Outline the requirements for a valid contract.
• Distinguish between different classifications of mistake.
• Examine the following offers to the public.
• Discuss the requirements for undue influence.
1.1 In your own words provide the definition of a “contract”. (4 marks)
1.2 Name and explain the six requirements for a valid contract. (12 marks)
Note to student: One (1) mark will be awarded for mentioning the correct requirement.
One (1) mark will be awarded for explaining the requirement in your own words.
Explain the six circumstances under which an offer may be terminated.
Alex works in Cape Town and regularly used the bus to travel to work because it is more
affordable than using a car. However, recently there has been a spate of attacks on the
buses, and Alex has started using his car to commute to work. One day Alex was reading
the local newspaper and came across an article which stated that Rapid Express Bus
Company has been a victim of more than 130 reported incidents of violence, intimidation,
and extortion over the past 18 months. These attacks have resulted in serious injuries to
staff and malicious damage to property. Rapid Express Bus Company is offering a reward
of R600 000 in exchange for information that can lead to the arrest and successful
prosecution of those responsible for the ongoing attacks. After reading the article, Alex
immediately remembers seeing a local man from his community throw large rocks at one of
the buses during violent protest action a few months ago. Alex leaves a tip with the
authorities with information relating to the incident. The information given by Alex eventually
led to the arrest and prosecution of the local man and a few other men.
Required:
Based on the above scenario, determine whether Rapid Express Bus Company made an
offer specifically to Alex or to the general public.
you to apply the legal principles where applicable and come to a conclusion.
Ambition College (Pty) Ltd. is conducting interviews with candidates in order to fill a vacant
law educator position in the Law Faculty. Ambition College received a large volume of
applications for the role. One of the candidates was Cassandra Jenkins; Ambition College
interviewed her and sent her to the next phase of the interview process. However, upon
review Ambition College decided not to offer Cassandra Jenkins the job, because they felt
she would not be a good fit for the role. The next applicant they interviewed was Cassandra
Lopez. All phases of the interview process were excellent and Cassandra Lopez came out
as the top candidate for the job. Ambition College wasted no time sending Cassandra Lopez
an offer letter for the law educator job. However, it was discovered that Ambition College
mistakenly addressed and sent the offer letter to Cassandra Jenkins instead of Cassandra
Lopez.
Required:
Determine the correct classification of mistake that has occurred in this scenario. In your
answer also state whether the mistake is material or non-material.
Thandeka is 17 years old and is in Grade 11. She recently obtained her learners license
and is very excited to start driving. Thandeka really wants her own car so that she can be
independent and drive around and visit her friends whenever she likes. One day she sees
a salesman selling a Hyundai Grand i10, and decides she wants to buy it. Thandeka enters
into a contract with the man selling the Hyundai Grand i10, without her parents’ knowledge
or assistance.
Required:
5.1 Determine whether Thandeka has the contractual capacity to enter into the
contract? (5 marks)
5.2 Assume that the salesman selling the Hyundai Grand i10 wants the contract to be
binding on Thandeka. Is there a way for the contract to be ratified? (10 marks)
Montgomery Burns is a well-known attorney and is a director at the law firm

Burns & Simpsons Incorporated. Montgomery Burns has a client, named Sophia Batten,
who has been with the firm for many years. Montgomery has been dealing with Sophia’s
legal matters for many years now and he knows that Sophia is extremely wealthy. Sophia
is 90 years old and her physical and mental health has been deteriorating and she is
becoming very frail. Sophia requested Montgomery Burns to redraft her last will and
testament to ensure that her affairs were in order. Initially, Sophia wanted to leave her
expensive jewellery to her great-granddaughter Charlotte, who is 18 years old. However,
Montgomery wanted the expensive jewellery for himself; because he knew it would be worth
a fortune. Montgomery persistently told Sophia, that it would be better if she transferred the
jewellery to him in terms of a separate contract instead of leaving the jewellery to the great-
granddaughter in terms of the will. Montgomery was of the opinion that it was a much better
and safer option as the great-granddaughter she would not appreciate the jewellery and
would squander the money, if she sold the jewellery. Sophia was too weak to resist
Montgomery, because his argument seemed very convincing at the time and she trusted
him as her lawyer. Sophia very reluctantly transferred all her precious jewellery to
Montgomery in a contract subsequently drawn up by him. Once Sophia started feeling a
little better, she deeply regretted transferring her precious jewellery to Montgomery.
Required:
6.1 Explain whether Sophia Batten consensus was obtained properly. (2 marks)
6.2 In terms of Preller v Jordaan 1956 (1) SA 483 (A) list the requirements necessary to
establish the ground of undue influence. (5 marks)
6.3 Apply the requirements mentioned in Q6.2 to the factual scenario provided.
(10 marks)
Note to student: Scenario questions require you to apply the legal requirements where
applicable and come to a conclusion.
Xavier and Yonathan have entered into a contract with each other, whereby Xavier agrees
to sell to Yonathan R15 000 worth of merchandise. The written contract contains all the
material terms of the agreement and includes a non-variation clause. The non-variation
clause states the following:
“No variation of the contract will be of any force or effect unless it is reduced to writing and
signed by the parties. “
However, three days after the contract has been signed, Yonathan wants to vary a few of
the terms of the agreement. Yonathan decides to phone Xavier and proceeds to tell Xavier
over the phone about all the changes.
Required:
Examine whether Yonathan can vary the terms of the contract over the phone.
you to apply the legal principles where applicable and come to a conclusion. Refer to
relevant case law if applicable.
ANNEXURE H: SAMPLE FORMATIVE ASSESSMENT 1: MEMORANDUM

MEMORANDUM
Sample Formative Assessment 1: General Principles of Law of Contract
(HGPLC230-1)
Weighting: 20%
Assessment Type: Short &Essay Questions
Total: 100 marks
Instructions:
• This paper consists of seven (7) questions and is for revision purposes only.
• Good Luck!
73 HGPLC230-1-Jan-June2024-SampleFA1-Memo-DK-V1-27062023

• Distinguish between different classifications of mistake.
• Examine the following offers to the public.
1.1 In your own words provide the definition of a “contract”. (4 marks)
Note to grader: Use discretion as students answers may vary.

Answer: Unit 1 (Chapter 1) page 6
• A contract is an agreement entered into by two or more parties, ✔ with the intention of
creating corresponding rights and legal obligations. ✔✔ These legal obligations are
binding on the parties.✔
1.2 Name and explain the six requirements for a valid contract. (12 marks)
Note to student: One (1) mark will be awarded for mentioning the correct requirement. One
(1) mark will be awarded for explaining the requirement in your own words.
Note to grader: Use discretion as students answers may vary in terms of their explanation.
Award one (1) mark for the requirement and one mark (1) for the explanation.
• Consensus: ✔ Parties to a contract must reach a consensus on all material terms and
aspects of their agreement. Their minds must be ad idem (there must be a meeting of
the mind).✔
• Capacity: ✔The parties must have the necessary capacity to enter into contracts.✔
• Formalities: ✔Parties to an agreement must comply with the prescribed formalities
stipulated in the agreement. All formalities must be observed.✔
• Legality: ✔ All agreements must be lawful and not prohibited by statute or common
law.✔
• Possibility: ✔ The parties to the agreement must be able to perform the obligations set
out in the agreement. The obligations must be capable of performance.✔
• Certainty: ✔ The agreement must not be ambiguous. The agreement must have definite
content and the obligations must be ascertainable and enforceable.✔
Learning Outcome assessed in this question:

Explain the six circumstances under which an offer may be terminated.

Answer: Unit 2 (Chapter 2) page 58-59
• Rejection of the offer:✔ An offer falls away if it is rejected by the offeree, whether it is
done expressly or impliedly.✔ An offer is also impliedly rejected if the offeree makes a
counter offer.✔
• Death of either party: ✔ The offer is terminated if either the offeror or offeree dies.✔
Since an offer in itself creates no obligations, no debt is passed to the estate of the
deceased offeror, ✔ and no contractual right is passed to the estate of the deceased
offeree.✔
• Effluxion of the prescribed time, or of a reasonable time: ✔ Where the offeror has
prescribed a time limit for acceptance, the offer lapses automatically if it is not accepted
within the prescribed time period.✔ Where no time limit has been prescribed, the offer
will lapse after a reasonable time has passed.✔
What constitutes a reasonable time will depend on the facts of the particular case.✔
• Revocation of the offer: ✔ Unless the offeror has promised not to revoke the offer for a
certain period of time (this is the case when dealing with an option contract), the offer
may be withdrawn at any time prior to its acceptance.✔✔
• Loss of legal capacity to act: ✔ If either one of the contracting parties loses the legal
capacity to act, the offer is terminated.✔
• Acceptance of offer: ✔ Once the offer is accepted by the offeree, a contract comes into
being and the offer is terminated.✔
Alex works in Cape Town and regularly used the bus to travel to work because it is more
affordable than using a car. However, recently there has been a spate of attacks on the
buses, and Alex has started using his car to commute to work. One day Alex was reading
the local newspaper and came across an article which stated that Rapid Express Bus
Company has been a victim of more than 130 reported incidents of violence, intimidation,
and extortion over the past 18 months. These attacks have resulted in serious injuries to
staff and malicious damage to property. Rapid Express Bus Company is offering a reward
of R600 000 in exchange for information that can lead to the arrest and successful
prosecution of those responsible for the ongoing attacks. After reading the article, Alex
immediately remembers seeing a local man from his community throw large rocks at one of
the buses during violent protest action a few months ago. Alex leaves a tip with the
authorities with information relating to the incident. The information given by Alex eventually
led to the arrest and prosecution of the local man and a few other men.
Required:
Based on the above scenario, determine whether Rapid Express Bus Company made an
offer specifically to Alex or to the general public.
• Generally, an offer is made or addressed to a specific individual, but that is not always
the case.✔
• Although one cannot contract with the general public, an offer can be addressed to the
public at large, or to a segment of the public, ✔ and then a contract will be concluded
with a specific member of the public who responds to the offer.✔
• The type of offer to the public applicable in this scenario is promises of reward.✔
• Promises of reward entails a reward to be offered to any person who performs a certain
act.✔ For example: furnishing information that would lead to the arrest and successful
prosecution of those responsible for the bus attacks.✔
• The Appellate Division held in Bloom v American Swiss Watch Co, ✔ that the advertising
of such a reward might be construed as an offer the public.✔
• The first person consciously responding to the advertisement, performed the required
act, would have accepted the offer and thus became contractually entitled to the
reward.✔✔
• For this result to follow, the offer has to be sufficiently certain and enforceable.✔
• Application: In this instance Rapid Express Bus Company made an offer to the public✔
by posting an article in the newspaper indicating a reward is available for anyone who
has information that can lead to the successful arrest and prosecution of the
perpetrators.✔
• Alex responded to the article with a tip to the authorities, thus performing the required
act and accepting the offer.✔ The information provided was helpful in securing the arrest
and prosecution of the local men, therefore Alex is contractually entitled to the R600 000
reward.✔
• Examine the following offers to the public: Promises of reward.
Ambition College (Pty) Ltd. is conducting interviews with candidates in order to fill a vacant
law educator position in the Law Faculty. Ambition College received a large volume of
applications for the role. One of the candidates was Cassandra Jenkins; Ambition College
interviewed her and sent her to the next phase of the interview process. However, upon
review Ambition College decided not to offer Cassandra Jenkins the job, because they felt
she would not be a good fit for the role. The next applicant they interviewed was Cassandra
Lopez. All phases of the interview process were excellent and Cassandra Lopez came out
as the top candidate for the job. Ambition College wasted no time sending Cassandra Lopez
an offer letter for the law educator job. However, it was discovered that Ambition College
mistakenly addressed and sent the offer letter to Cassandra Jenkins instead of Cassandra
Lopez.
Required:
Determine the correct classification of mistake that has occurred in this scenario. In your
answer also state whether the mistake is material or non-material.
• Historically, mistakes have been categorised according to type and the materiality if a
mistake has been determined on the basis of the type of mistake in question. ✔
• The classification of mistake that took place in the scenario is error in persona✔.
• This is a mistake (usually material) regarding the identity of the other party of the
contract.✔ For example, you had to contract with A, but instead you contract with B.
• The courts have indicated that an error in persona is material only if the identity of a
party is of vital importance to the mistaken party.✔
• Application: In this instance error in persona occurred, Ambition College incorrectly
addressed and sent the offer letter to Cassandra Jenkins.✔
• This is a material mistake✔ because the person who was supposed to get the job is
actually Cassandra Lopez and not Cassandra Jenkins. ✔
• There was an error in respect of the identity of the contracting party.✔
• Distinguish between the different classifications of mistake.
Thandeka is 17 years old and is in Grade 11. She recently obtained her learners license
and is very excited to start driving. Thandeka really wants her own car so that she can be
independent and drive around and visit her friends whenever she likes. One day she sees
a salesman selling a Hyundai Grand i10, and decides she wants to buy it. Thandeka enters
into a contract with the man selling the Hyundai Grand i10, without her parents’ knowledge
or assistance.
Required:
5.1 Determine whether Thandeka has the contractual capacity to enter into the
contract? (5 marks)
• All natural persons have passive legal capacity and a person’s status, (such as age,
marital status or insolvency) determines his or her contractual capacity.✔
• As a general rule, persons with limited contractual capacity and can only conclude
contracts with the assistance or consent of another person.✔
• A minor is a person between the age of 7 and 18 years old.✔
• Application: In this scenario Thandeka is 17 years old which means she is a minor ✔and
has limited contractual capacity to enter into the contract with the man selling the car.✔
5.2 Assume that the salesman selling the Hyundai Grand i10 wants the contract to be
binding on Thandeka. Is there a way for the contract to be ratified? (10 marks)
• Generally, minors do not have sufficient capacity to incur binding obligations under a
contract.✔
• In order for the minor to incur binding obligations, the minor requires the assistance or
consent of his or her guardian.✔
• Such consent will usually be given before or at the time of contracting, ✔ but it may also
be given afterwards by the guardian’s subsequent ratification of the contract.✔
• The contract will be validated retroactively.✔
• Application: Since Thandeka is a minor at the time of entering into the contract with the
salesman, she does not incur any binding obligations in terms of the contract.✔
• However, since Thandeka did not get her parents’ consent and assistance at the time
of entering into the contract✔, Thandeka’s parents can give their consent afterwards
and this will ratify the contract between Thandeka and the salesman. ✔✔
• This will have the effect of the contract being binding on Thandeka. ✔
• Analyse when a natural person will have limited contractual capacity: minors.
Montgomery Burns is a well-known attorney and is a director at the law firm

Burns & Simpsons Incorporated. Montgomery Burns has a client, named Sophia Batten,
who has been with the firm for many years. Montgomery has been dealing with Sophia’s
legal matters for many years now and he knows that Sophia is extremely wealthy. Sophia
is 90 years old and her physical and mental health has been deteriorating and she is
becoming very frail. Sophia requested Montgomery Burns to redraft her last will and
testament to ensure that her affairs were in order. Initially, Sophia wanted to leave her
expensive jewellery to her great-granddaughter Charlotte, who is 18 years old. However,
Montgomery wanted the expensive jewellery for himself; because he knew it would be worth
a fortune. Montgomery persistently told Sophia, that it would be better if she transferred the
jewellery to him in terms of a separate contract instead of leaving the jewellery to the great-
granddaughter in terms of the will. Montgomery was of the opinion that it was a much better
and safer option as the great-granddaughter she would not appreciate the jewellery and
would squander the money, if she sold the jewellery. Sophia was too weak to resist
Montgomery, because his argument seemed very convincing at the time and she trusted
him as her lawyer. Sophia very reluctantly transferred all her precious jewellery to
Montgomery in a contract subsequently drawn up by him. Once Sophia started feeling a
little better, she deeply regretted transferring her precious jewellery to Montgomery.
Required:
6.1 Explain whether Sophia Batten consensus was obtained properly. (2 marks)
• No Sophia’s consensus was not obtained properly.✔

• Sophia was unduly influenced by Montgomery Burns.✔
6.2 In terms of Preller v Jordaan 1956 (1) SA 483 (A) list the requirements necessary to
establish the ground of undue influence. (5 marks)
• That the other party obtained an influence over her and;✔

• That this influence weakened her power of resistance and rendered her will compliant
and;✔
• That the other party used this influence in an unscrupulous manner to persuade her to
agree to a transaction that✔
• was prejudicial to her, and ✔
• which she would not have concluded with normal freedom of will.✔
6.3 Apply the requirements mentioned in Q6.2 to the factual scenario provided.
(10 marks)
Note to student: Scenario questions require you to apply the legal requirements where
applicable and come to a conclusion.
Note to grader: Use discretion as students answers may vary, especially in terms of the
application of the requirements to the facts of the scenario. Award two marks only for each
application discussion under the requirement.
Note to grader: Award a maximum of 10 marks for this question.
• That the other party obtained an influence over her and;

o Montgomery Burns (lawyer) obtained an influence over Sophia Batten, who was his
client for many years. The special relationship (attorney-client) between them allowed
Montgomery to exercise his influence over his frail and ailing client. He was persistent
that Sophia transfers her jewellery to him. ✔✔
• That this influence weakened her power of resistance and rendered her will compliant
and;
o Montgomery continued persistence weakened her resistance and made Sophia’s will
compliant. Also Sophia was physically weak and did not have the energy to counter
or debate any of his arguments.✔✔
• That the other party used this influence in an unscrupulous manner to persuade her to
agree to a transaction that:
o Montgomery used his influence in an unscrupulous/unconscionable manner because
he took advantage of his elderly and frail client. Montgomery suggested that her
great-granddaughter would sell the jewellery and squander the money, when it was
in fact him who had an ulterior motive.✔✔
• was prejudicial to her, and:

o It was prejudicial to Sophia because her wishes were not reflected in terms of her
last will and testament, as she actually wanted her great-granddaughter to inherit the
jewellery.✔✔
• which she would not have concluded with normal freedom of will.
o Sophia would not have transferred the jewellery to Montgomery if she had been in
good health.✔✔
Xavier and Yonathan have entered into a contract with each other, whereby Xavier agrees
to sell to Yonathan R15 000 worth of merchandise. The written contract contains all the
material terms of the agreement and includes a non-variation clause. The non-variation
clause states the following:
“No variation of the contract will be of any force or effect unless it is reduced to writing and
signed by the parties. “
However, three days after the contract has been signed, Yonathan wants to vary a few of
the terms of the agreement. Yonathan decides to phone Xavier and proceeds to tell Xavier
over the phone about all the changes.
Required:
Examine whether Yonathan can vary the terms of the contract over the phone.
you to apply the legal principles where applicable and come to a conclusion. Refer to
relevant case law if applicable.
• The parties to a contract may themselves prescribe formalities for the creation, variation
or cancellation of their contract.✔
• Neither party may depart unilaterally from these formalities.✔
• Inserting a non-variation clause has become an extremely important practice in any
written contract.✔
• In SA Sentrale Ko-operatiewe Graanmaatskappy Bpk v Shifren 1964 (4) SA 760 (A),✔
the court held that a non-variation clause was not against public policy and that no oral
variation was of the contract was effective if the clause entrenched both itself and all the
other terms of the contract against oral variation.✔✔
• The purpose of the non-variation clause is to prevent disputes and problems of proof
that might otherwise arise if oral variations were permitted.✔
• Application: In this scenario, the written contract between Xavier and Yonathan
contained a non-variation clause.✔
• This means that Yonathan cannot vary or change any term in the contract, unless it is
done so in writing✔ and signed by Xavier and Yonathan.✔
• Therefore, Yonathan cannot make any changes to the contract orally over the phone.✔
ANNEXURE I: FORMATIVE ASSESSMENT 2

Formative Assessment 2: General Principles of the Law of
Contract (HGPLC230-1)
Weighting: 20%
Assessment Type: Multiple Choice Questions
Due Date: 10 May 2024
Total: 50 marks
Instructions:
• It is based upon Units 5-8 of your prescribed textbook.

88 HGPLC230-1-Jan-June2024-FA2-DK-V.3-15012024
The learning Outcomes assessed on this assessment are:
• Determine when illegal contracts are considered to be void.

• Demonstrate the consequences of illegality on a contract.
• Examine instances where illegal contracts are valid but unenforceable.
• Examine the legality of agreements in restraint of trade.
• Examine the different types of impossibility in a contract.
• Explain the requirement of certainty in a contract.
• Examine the consequences of not meeting the certainty requirement on
contractual validity.
• Determine the minimum amount of parties required for a valid contract.
• Examine whether performance is divisible or indivisible.
• Differentiate between the following mechanisms of divisibility of performance:
simple joint liability and entitlement.
• Examine the consequences of contracting through an agent.
• Explain the contract for the benefit of a third party (stipulato alteri).
• Discuss the transfer of rights and duties to third parties.
• Differentiate between the classifications of obligations.
• Distinguish between essentialia, naturalia and incidentalia.
• Examine the various examples of express terms.
• Analyse the various forms of implied terms.
• Explain the effect that conditions may have a contractual agreement.
• Define the time clause and determine the consequences it may have on a
contract.
• Examine other common contractual terms that may be included in a contract.
• Differentiate between the various forms of breach of contract.
• Discuss, compare and/or apply the requirements of the following forms of breach.
• Discuss the application of the certainty requirements to contractual examples.
Question 1 (1 Mark)
What is the general rule with regards to impossibility of performance?
A. The general rule is that impossibility of performance does not prevent the creation
obligations.
B. The general rule is that impossibility of performance prevents the creation of
obligations.
C. The general rule is that impossibility of performance does not lead to a meeting
of the minds.
D. There is no general rule with regards to impossibility of performance.
Question 2 (1 Mark)
A term that is vital to the performance of the obligations that needs to be performed in
terms of a contract is called a ______:
A. Material term.
B. Vital term.
C. Non-material term.
D. Non-vital term.
Question 3 (1 Mark)
Which court decision formulated the test to determine whether an agreement regarding
a restraint of trade is reasonable?
A. Basson v Chilwan 1993 (3) SA 742 (A).
B. Klokow v Sullivan 2006 (1) SA 259 (SCA).
C. Jajbhay v Cassim 1939 AD 537.
D. Magna Alloys and Research (SA) (Pty) Ltd v Ellis 1984 (4) SA 874 (A).
Question 4 (1 Mark)
A party who signifies their assent by signing a written contract is held bound by its terms
whether or not they read or understood those terms. This rule is reflected in which Latin
maxim?
A. Par delictum rule.

B. Caveat subscriptor rule.
C. Contra proferentum rule.
D. Eiusdem generis rule.
Question 5 (1 Mark)
In ascertaining whether a contract contains a tacit term, which test do the courts often
employ?
A. Business efficacy test.

B. Trade usage test.
C. Officious bystander test.
D. Reasonable person test.
Question 6 (1 Mark)
Which of the following is recognised as a form of breach of contract?
A. Pacta sunt servanda

B. Cancellation
C. Damages
D. Mora debitoris
Question 7 (1 Mark)
Repudiation and positive malperformance are often classed together as forms of:
A. Contrary breach.
B. Negative breach.
C. Anticipatory breach.
D. Participatory breach.
Question 8 (1 Mark)
Which principle provides that all agreements seriously entered into should be enforced?
A. The principle of legality.

B. The principle of sanctity of a contract.
C. The principle of good faith.
D. The principle of privity of contract.
Question 9 (1 Mark)
Identify which one of the following statements is not a consequence of a contract

failing to meet the certainty requirement:
A. If a contract does not meet the certainty requirement, the contract could be
declared void as a whole.
B. If a contract does not meet the certainty requirement, the offending obligation
can be severed from the contract and the other obligations remain in force.
C. If a contract does not meet the certainty requirement, the aggrieved party may
rely on the par delictum rule.
D. Transfers made in fulfilment of obligations that are void due to uncertainty are
retained without legal ground, therefore those transfers can be reclaimed in
terms of unjustified enrichment.
Question 10 (1 Mark)
In terms of the number of parties to a contract, which one of the following statements is
correct?
A. South African law does not recognise a unilateral promise or declaration as a

binding contract.
B. In terms of a contract, there can never be multiple parties to a contract.
C. A person can only enter into a contract with himself or herself.
D. A valid contract does not create duties and obligations between the parties.
Damages that are awarded in respect of other (extrinsic) losses arising out of breach
is known as ______:
A. Surrogate damages.
B. Intrinsic damages.
C. Consequential damages.
D. Patrimonial damages.
Chris works at We Buy Automobiles (Pty) Ltd. as a salesman. After working at We Buy
Automobiles for two years he gets another job opportunity at Kesla Motors (Pty) Ltd.
also as a salesman. However, in terms of Chris’ employment contract, it states that if
an employee leaves We Buy Automobiles, such an employee may not work in the motor
sales industry for a period of 12 months. This is an example of what kind of agreement?
A. Bargaining agreement.
B. Gambling agreement.
C. Illegal agreement.
D. Restraint of trade agreement.
A _______ is a condition that is in full operation in terms of the contract but will come to
an end if an uncertain future event happens or does not happen.
A. Resolutive condition.
B. Suspensive condition.
C. Condition precedent.
D. Potestative condition.
Which type of contract is commonly used by large corporations and public utilities, and
their terms are usually non-negotiable and difficult to understand?
A. Donation contracts.
B. Standard-form contracts.
C. Unsigned contracts.
D. Non-negotiable contracts.
Tom offers to pay Jerry R500 if Jerry steals a valuable painting from the local art
gallery. Jerry agrees and successfully steals the painting. Later, Tom refuses to pay
Jerry the promised amount. In this scenario, the contract between Tom and Jerry is:
A. Valid, because the contract satisfies all the requirements of a valid contract.
B. Voidable, because Jerry didn't receive the promised payment from Tom.
C. Void and unenforceable, because the subject matter of the contract is illegal,
theft is against the law.
D. Valid and enforceable, because both parties willingly entered into the
agreement.
Emma enters into an agreement with James who is a graphic designer. Emma wants
James to design a website for her business. The contract specifies that James will
create a "modern and appealing design." However, the contract does not define what
constitutes a "modern and appealing design." Emma and James have differing opinions
on what this means, and they cannot come to an agreement.
Is the above clause certain or uncertain?
A. The clause is certain because “modern and appealing design” is well known,
and everyone knows what that is.
B. The clause “modern and appealing design” is vague language and uncertain,
because the contract did not specify what “modern and appealing design”
means.
C. The clause “modern and appealing design” is certain because Emma explained
to James what she is looking for.
D. The clause “modern and appealing design” is uncertain because it is not an
appropriate design for a business website.
Morgan owns a clothing boutique and appoints Eugene to purchase new inventory on
her behalf. Morgan provides Eugene with specific instructions and a budget for the
purchases. Eugene finds suitable clothing items within the budget. Eugene is acting
as:
A. Eugene is acting as a third party in this contract.

B. Eugene is acting independently on his own accord.
C. A principal. Eugene is giving the instructions to Morgan.
D. An agent, because Eugene is acting on behalf of Morgan.
Lucas and Emily enter into a contract where Lucas agrees to pay Emily R3,000 a month
to take care of his elderly parents for a period of six months only. After the six months
have passed, Emily continues to care for Lucas’ parents out of a sense of compassion
and duty, even though the six months as stipulated in the contract have already expired
and she is no longer getting paid. In this scenario, Emily's actions are based on:
A. A moral obligation.
B. A civil obligation.
C. A reciprocal obligation.
D. An immoral obligation.
Pablo and Shahieda sign a contract whereby Pablo agrees to teach Shahieda how to
play the guitar, and Shahieda agrees to give Pablo cooking lessons. Both lessons are
to be completed within a three-month period.
Identify the correct type of obligation between Pablo and Shahieda.
A. An alternative obligation.
B. A reciprocal obligation.
C. A moral obligation.
D. A unilateral obligation.
Kelly and Wesley are getting married on the 13th of November 2024. They book a
photographer at Mario’s Pix (Pty) Ltd. to take photos of the wedding ceremony and
reception. The wedding day arrives, and the photographer smashes his camera in a fit
of rage and no photos can be taken. What type of breach has the photographer
committed?
A. Mora debitoris, the photographer delayed the performance, but it is still possible
to perform.
B. Positive malperformance, the photographer did perform but the performance was
defective.
C. A claim for damages because the camera has been smashed and the wedding
photos cannot be taken.
D. Prevention of performance, by the photographer smashing his camera, he
rendered performance impossible and he cannot perform his duty of taking
pictures.
Lee and Peter enter into a contract regarding the import of goods from China to
Bostwana. The contract contains a clause stating that the law of the People’s Republic
of China will govern the legal relationship between the parties.
Identify the correct term or name for this type of clause.
A. Disclaimer clause.
B. Supposition clause.
C. Governing law clause.
D. Modal clause.
David is a rich businessman and contracts with Dora, who is an explorer, to recover a
rare and specific type of flower that only grows in a remote, isolated mountain region.
Due to an unexpected volcanic eruption, the entire mountain region becomes covered
in lava and ash, making it impossible to access the mountain and the rare flowers have
also been destroyed in the process.
Based on the scenario, identify the type of impossibility that is applicable.
A. Relative impossibility.
B. Objective impossibility.
C. Legal impossibility.
D. There is no impossibility of performance.
Question 23 (1 mark)
A pharmaceutical company, PharmaHealth, enters into a contract with a local hospital

to supply expired and sub-standard medicines at a discounted price. The hospital,
facing financial difficulties, agrees to the terms. The medicines are then administered to
patients, resulting in severe health complications and even death.
In this scenario, the contract between PharmaHealth and the hospital is:
A. Valid and enforceable, because both parties willingly agreed to the terms and
there was consensus.
B. Enforceable, because the medicines were supplied to the hospital at a
discounted price.
C. Voidable, because the hospital might want to renegotiate the terms and get new
medication.
D. Void and unenforceable, because supplying expired and substandard medicine
goes against public policy.
Dominic enters into an agreement with Delivery Guy (Pty) Ltd. to deliver 100 units of
skin care products over a period of three months. The contract specifies that the delivery
of 30 units will be made in the first month, 40 units in the second month, and 30 units in
the third month. At the end of the second month, Delivery Guy (Pty) Ltd. has delivered
70 units as agreed.
In this scenario, the performance under the contract is:
A. Divisible, because Deliver Guy (Pty) Ltd. can decide which amounts they want
to deliver.
B. Indivisible, because Delivery Guy (Pty) Ltd. must deliver 100 units of products
all at the same time and the delivery cannot be split.
C. Divisible, because the contract involves delivery over multiple months with
specified quantities.
D. Indivisible, because performance in terms of a contract can never be split or
divided at all.
Which one of the following examples of contracts are aimed at conferring benefits to
third parties (stipulatio alteri).
Choose the correct option.
A. Employment contract.
B. Life insurance policies.
C. Testament.
D. None of the above.
Identify the party who bears the duty to perform in terms of a contract:
A. Creditor.
B. Third party.
C. Debtor.
D. Intermediary.
Which one of the following statements is correct regarding incidentalia terms of a

contract?
Choose the correct statement
A. Incidentalia are distinctive terms used to identify or classify a contract as one of

the specific contracts recognised by common law.
B. Incidentalia are terms that are automatically included in any contract belonging
to one of the classes of specific contracts traditionally recognised in our law.
C. Incidentalia are terms that apply by operation of law/ex lege.
D. Incidentalia are additional terms agreed upon by the parties that supplement or
modify the rights and duties of the parties.
Identify which one of the following requirements do not form part of the three
requirements of mora debitoris.
Choose the correct option:
A. The creditor delays in accepting performance or refuses admission to the debtor.

B. The debt must be due and enforceable.
C. The time for performance must have been fixed, and the debtor failed to perform
timeously.
D. The failure to perform on time must be without lawful cause.
Which section of the National Gambling Act 7 of 2004, determines the consequences of
debts arising from different categories of gambling activities?
A. Section 15(1).
B. Section 10(1).
C. Section 13(1).
D. Section 16(1).
Which of the following statements is true regarding the relationship between a principal
and agent?
A. The agent must act in his own best interests, and not in the interests of the
principal.
B. The relationship is largely governed by legislation.
C. The agent occupies a highly fiduciary position in terms of this relationship.
D. Statutes do not impose any specific duties on agents or intermediaries.
Joint and several liability in terms of a contract means:
A. This means that each of the creditors is liable for a disproportionate share of the
performance, and these shares are presumed to be unequal.
B. This means that each of the co-debtors is liable for the full amount of the debt,
and the creditor can accordingly claim the full debt or any lesser amount, from
any one or more of them.
C. This means that each of the debtors is liable only for the proportionate share of
the performance, and these shares are presumed to be equal.
D. Where co-debtors are liable to make a performance jointly as a collective, the
creditor may not demand performance, in whole or in part, from any one of the
debtors individually.
What does a power of attorney mean?
A. It means that the principal no longer has any power and only the attorney has
the authorized power now.
B. It means the power or authority to represent the principal is given in writing to
the agent.
C. It means that the agent now has the power to act as the principal’s attorney.
D. It means that the principal now has the power to act as the agent’s attorney.
What does it mean when an illegal contract is valid but unenforceable?
A. It means that the contract is legal and the parties can enforce the contract in a
court of law.
B. It means that the contract is totally invalid and the parties cannot enforce the
contract in a court of law.
C. It means that the contract is valid but the parties cannot enforce the contract in
a court of law.
D. It means that the contract is illegal and is enforceable against a third party in a
court of law.
A contract aimed at creating another contract is known as _____
A. Pactum de quota litis.

B. Pactum de contrahendo.
C. Pactum successorium.
D. Pactum fiduciae.
Mora ex re refers to:
A. Where there has been a delay in performance on the part of the creditor.
B. Where there has been a delay in performance on the part of the debtor.
C. Where no time for performance has been stipulated in the contract.
D. Where a specific time for performance has been stipulated in the contract.
Jennifer parks her car in a multi-level parking garage. As she enters the garage, she
notices a sign at the entrance that states, "Parking at your own risk. Management not
responsible for any damages or theft." After parking her car, she finds her side mirror
broken when she returns.
Identify the type of express term illustrated above.
A) Notice.
B) Ticket case.
C) Unsigned document.
D) Signed contract.
“The purchase price of the apartment is R950 000. Jane undertakes to pay a reasonable
amount of the purchase price each month until the apartment is paid in full.”
Is the above clause certain or uncertain?
Choose the correct option:
A. No, the term is uncertain, because we do not know what the purchase price of
the apartment is.
B. Yes, the term is certain because we know that Jane will be paying an amount of
money each month, even though we do not know what that amount is.
C. No, the term is uncertain because a “reasonable amount” is vague as we do not
know what that amount could be. The amount could, for example, be R900 or
R11 000.
D. Yes, the term is certain, because we know that Jane must pay the purchase price
of R950 000.
Jabulani rents out an apartment at Vida Nova Estate. In terms of the lease agreement
Jabulani must pay the rental amount of R12 000 every 25th day of the month to the
landlord.
Identify the type of obligation that Jabulani has towards the landlord.
Select the correct option:
A. Jabulani does not have any obligation towards the landlord because he can pay
the rental amount anytime he wants.
B. Jabulani has a personal obligation to pay the rental amount because he knows
the landlord personally.
C. Jabulani has a moral obligation to pay the rental amount to the landlord because
he knows it is the right thing to do.
D. Jabulani has a civil obligation in terms of the law to pay the rental amount to the
landlord each month.
Thabo agrees to sell his vintage car to Rico, who intends to use the car as a prop for a
movie set. However, there is currently a law that prohibits the use of vintage cars in
movie productions for environmental reasons. Despite knowing about this law, Thabo
and Rico go ahead with the contract anyway.
Based on the scenario, identify the type of impossibility that is applicable.
A. The contract between Thabo and Rico is valid and enforceable because it is
possible to perform.
B. The performance in terms of the contract is legally impossible to perform,
because there is a law prohibiting the use of vintage cars as props in movie sets.
C. The performance in terms of the contract is economically impossible because the
use of a vintage car on a movie set is very expensive.
D. There is no impossibility in terms of the performance of the contract because the
law does not apply to Thabo and Rico.
Jack and Daniel enter into a contract, whereby Daniel undertakes to service Jack’s car
on the 1st of September 2023 at 8am. However, when Jack brought his car to Daniel to
be serviced on the 1st of September 2023 at 8am, Daniel denied ever concluding a
contract with Jack about servicing his car. Daniel completely denied the existence of the
contract and refused to service Jack’s car. Identify the type of breach that has occurred:
A. Mora debitoris.
B. Prevention of performance.
C. Repudiation.
D. Mora creditoris.
Michael is an employee of Models (Pty) Ltd. His employment contract contains a term
stating that the contract cannot be varied unless it is done so in writing.
Identify the type of clause in the agreement:
A. Non-variation clause.
B. Resolutive clause.
C. Suspensive clause.
D. Time clause.
Which one of the following statements is an example a modal clause?
A. Jason wants to purchase a necklace from Zoe but only if it is 100 percent pure gold.
Zoe is not sure if the necklace is gold-plated or real gold.
B. Percy donates his farmland to his daughter Elizabeth subject to the term that a clinic
must be built on the land.
C. Denver and his pregnant wife Rachel agree that Denver will buy Rachel a diamond
and amethyst bracelet when their second child is born.
D. Jacob leases his car to his son Isaac. The agreement provides that their contract of
lease will be dissolved if Isaac buys his own car.
Aimee agrees to sell her car to Gerry, subject to the condition that he first obtains a
bank loan to finance the purchase within 14 days. They signed a contract outlining this
condition.
What kind of condition is being illustrated above:
A. Resolutive condition.
B. Causal condition.
C. Suspensive condition.
D. Potestative condition.
Juan wants to rent a mountain bike so that he can cycle on some of the mountain trails
in Cape Town. Juan goes to RENT-A-BIKE (Pty) Ltd. and rents a mountain bike. The
rental agreement stipulates that Juan may only rent the bicycle for 6 hours. What kind
of clause is this?
A. Warranty clause.
B. Modal clause.
C. Guarantee clause.
D. Time clause.
Alice and Bob are watching a rugby match. They enter into an agreement where Alice
agrees to pay Bob R200 if the Springboks wins, and Bob agrees to pay Alice R200 if
Wales wins. No goods or services are involved, just the exchange of money based on
the outcome of the match.
What type of contract is being illustrated in this scenario?
A. Commercial contract.
B. Wagering contract.
C. Restraint of trade contract.
D. Contract of sale.
Quanita is a seamstress and enters into a contract with Nicola, whereby they agree that
Quanita will mend Nicola’s broken garments on Saturday, 26th of August 2023.
However, Quanita fails to mend Nicola’s garments on the agreed upon date but is still
able to mend them at a later stage.
Identify the type of breach that has occurred:
A. Impossibility of performance.
B. Mora debitoris.
C. Prevention of performance.
D. Mora creditoris.
Kethura owns a hair salon and Abraham owns a repair and construction business. They
enter into a contract, whereby Kethura instructs Abraham to repair her leaking roof on
Thursday, 24 August 2023. Abraham arrives early at Kethura’s hair salon on the agreed
upon date. However, Abraham finds that the gates are locked, he cannot gain access
to the premises and Kethura is not there. She has gone away for a few days on a holiday
trip, resulting in Abraham not being able to fix the leaking roof on that day as agreed
upon. Kethura later notifies Abraham that she will be back on Wednesday, 30 August
2023 and instructs Abraham to come fix her leaking roof then.
Identify the type of breach that has occurred on 24 August 2023.
A. Mora debitoris.
B. Positive malperformance.
C. Cancellation.
D. Mora creditoris.
Emily enters into an agreement with Zach to deliver 100 units of a product within a
specified timeframe. However, due to unforeseen high demand, Alex only delivers 80
units within the specified timeframe, falling short of the 100-unit quantity.
A. Delictual claim.
B. Prevention of performance.
C. Positive malperformance.
D. Mora debitoris.
“The property situated at No. 10 Drury Lane, Far Away Land, is to be leased for a period
of 5 years. The rental amount of R10 000 per month is to be paid in return for the use
of the property.”
The clause above contains which type of terms?
A. The clause above contains the naturalia of a contract of lease.
B. The clause above contains the essentialia of a contract of lease.
C. The clause above contains the incidentalia of a contract of lease.
D. The clause above contains the accidentalia of a contract of lease.
Sarah contracts with Alex, a renowned artist, to paint a portrait of her deceased pet cat
named Whiskers. After agreeing on the price and specifications, Sarah pays the
purchase price and Alex starts working on the portrait. Unfortunately, during the painting
process, Alex's hand becomes temporarily paralyzed due to an unforeseen medical
condition, making it impossible for him to complete the portrait during that time.
However, Alex regains feeling in his hand after a month and he can use his hand again.
Based on the scenario, determine whether the performance owed by Alex to Sarah has
been made impossible.
A. The performance has been made completely impossible, because Alex’s hand is
paralysed and he cannot finish the painting. Alex cannot perform at all.
B. The performance was impossible from the start because he did not know that he
had a medical condition.
C. The performance is only made subjectively impossible, because Sarah has paid
Alex the money for the portrait already.
D. The performance was only made subjectively impossible, due to the fact that
Alex’s hand was paralysed for a month only, thereafter he can continue painting
the portrait. Alex is still able to perform.
ANNEXURE J: SUMMATIVE ASSESSMENT 2
General Principles of the Law of Contract

Summative Assessment 2:
(HGPLC230-1)
NQF Level, Credit: 6, 10
Weighting: 10%
Assessment Type: Research Essay
Due Date: 10 June 2024
Total 20 Marks
Instructions
1. Summative Assessment 2 (SA2) must be uploaded in PDF format onto ColCampus by no later
than 23h59 – 10 June 2024.
2. The essay must be a minimum of 600 (six hundred) words and should not exceed 750 (seven
hundred and fifty) words.
3. The essay structure must be as follows:

● Cover Page:
o Name
o Surname
o Student Number
110 HGPLC230-1-Jan-June2024-SA2-DK-V2-03012024
o Name of your Support Centre (i.e. Boston, Braamfontein)
● Introduction: Tells the reader what the essay is about.

● Body / Main Content: Is based on research and relates to the essay question or topic that has
been set.
● Conclusion: Is a summary of what has been covered in the essay, it may also include
suggestions / recommendations.
● Reference list: (not included in the word count): the Harvard Referencing Method must be
adhered to with regards to in-text citations and the reference list.
Please make sure you read and adhere to Boston’s Harvard Method of Referencing: A Beginner’s
Guide when referencing, as well as The Beginners Guide to Plagiarism, both are available in the
HE Library module on ColCampus.
4. The essay must be typed, using the following format settings only:
● Font: Arial
● Font Size: 12
● Line Spacing: 1.5
5. For this assessment the following must be adhered to:

● The compulsory source(s) must be accessed using the HE Library module on ColCampus
unless otherwise stated e.g. through a hyperlink.
A Copyleaks Report will be issued via ColCampus once the assignment is submitted.
Please ensure that you follow the correct steps when uploading your assignment, to
ensure that the Copyleaks Report is correctly issued. If the incorrect document is
uploaded, or if no Copyleaks Report is issued, or if the Copyleaks Report indicates that a
30% similarity rating has been exceeded, a mark of zero (0) will be awarded. Where a
Copyleaks Cheat Detection Report is issued, your submission will automatically be treated
as if you received a similarity rating in excess of 30% and a mark of zero (0) will be
awarded.
6. Academic sources and accessing credible e-Resources:

Not all sources / texts can be classified as academic sources. Wikipedia, for example, is not a
credible academic source since authors are not identifiable and editing an article on this site is
very easy. Also, blog posts often provide valuable information, but are not academically sound. To
judge whether a source is credible, consider the following criteria:
• The author should be identifiable through author information, affiliations, and/or qualifications.
• An academic source has usually been peer-reviewed.
• Academic textbooks or academic journals should be published by a recognised

authority/publisher like a university, an academic publishing house, research organisation etc.
• A list of references should be present, that is, full citations for sources used. Thorough
reference to research is a crucial characteristic of legitimate academic work.
7. You must make use of the Harvard Method of Referencing. Refer to the examples of
referencing below:
Book, single author:
Holt, D.H. 2017. Management principles and practices. Sydney: Prentice-Hall.
Book, 2 or 3 authors:
McCarthey, E.J., William, D.P. & Pascale, G.Q. 2017. Basic marketing. Cape Town: Juta.
Book, more than 3 authors:

Bond, W.R., Smith, J.T., Brown, K.L. & George, M. 2016. Management of small firms. Sydney:
McGraw-Hill.
Book, no author:
Anon. 2009. A history of Greece. Athens: Cengage.
eBook:
Case, J., Marshall, D. & McKenna, S. 2018. Going to university: The influence of higher
education on the lives of young South Africans [E-book]. Cape Town: African Minds. Retrieved
from https://www.africanminds.co.za/wp-content/uploads/2017/06/9781928331698_web.pdf
[Accessed 3 June 2019].
Academic journal article with one author:

Waghid, Y. 2019. On the polemic of academic integrity in higher education. South African Journal
of Higher Education, 33(1):1–5.
Academic journal with 2 or more authors:

Waghid, Y. & Davids, N. 2019. On the polemic of academic integrity in higher education. South
African Journal of Higher Education, 33(1):1–5.
Newspaper article from a webpage:

Motshwane, G. 2019. A missed opportunity: Shakes slams Bafana's Afcon plans. Sowetan Live,
7 June. Retrieved from https://www.sowetanlive.co.za/sport/soccer/2019-06-07-a-missed-
opportunity-shakes-slams-bafanas-afcon-plans/ [Accessed 8 June 2019].
Court case:
Gold Circle (Pty) Ltd v Maharaj (1313/17) [2019] ZASCA 93 (3 June 2019).
Web based images (figures, graphs, maps, artwork):

Boston City Campus & Business College. 2019. Welcome [Image]. Retrieved from
https://www.boston.co.za/ [Accessed 3 June 2019].
Music or recording:
Makeba, M. 1960. The Click Song [Recording]. YouTube. Retrieved from
https://www.youtube.com/watch?v=Qg4Fp-A7IRw [Accessed 8 June 2019].
Chapter in an edited book (collected work):

Velez, C. 1978. Youth and aging in central Mexico. In B. Myerhoff & A. Simic (eds.). Life′s career-
aging: Cultural variations on growing old. San Francisco, CA: Sage, 107–162.
8. Boston expects you to approach your work with honesty and integrity. Honesty is the basis of
respectable academic work. Whether you are working on a formative assessment, a project, a
paper (read at a conference), an article (published by a journal), or a summative assessment
essay, you should never engage in plagiarism, unauthorised collaboration (collusion), cheating,
or academic dishonesty.
Plagiarism occurs when a writer duplicates another writer's language or ideas, and then calls the
work their own. Simply put, plagiarism is academic fraud. This includes the ‘copy and paste’ of
work from textbooks, study guides, journal articles, etc. The Plagiarism Declaration, included in
this assessment brief, must be signed and attached to the front of your essay. Refer to the
Plagiarism Information Sheet in your Course Outline for further information.
9. To obtain maximum results, please consult the rubric included in this brief to ensure that you
adhere to and meet all the given criteria.
The following Learning Outcomes are assessed in this assessment: Unit 1:
• Examine the impact that the Constitution has had on the law of contract.

Read the excerpt below and answer the question that follows:
“The essence of the argument advanced by Southern Sun was that the implementation of the
cancellation clause was, under the circumstances, objectively unreasonable, unfair and against
public policy. It was advanced that public policy is informed by “…the concept of good faith,
ubuntu, fairness and simple justice between individuals” and that the common law principle of
Pacta servanda sunt should not be treated as “a sacred cow” but rather developed to uphold the
ubuntu values of the South African people”.
Source: Manolios, K. 2018. Pacta Servanda Sunt v Ubuntu. Retrieved from https://www.golegal.co.za/pacta-
servanda-sunt-v-ubuntu/ [Accessed on 29 August 2023].
Required:
Discuss the African concept of Ubuntu and how it relates to pacta sunt servanda and the South
Africa law of contract.
Tip to students:
• Include a discussion of case law in your answer applicable.
Compulsory sources:
• Pundit, P. 2021. The role of ubuntu in the Law of Contract. Pretoria Student Law Review.
15. p.g. 291-311. Retrieved from:
https://www.pulp.up.ac.za/edocman/journals/2021_PSLR/Pooja%20Pundit.pdf [Accessed
on 02 January 2024].
• Coleman, TE. 2021. Reflecting on the role and impact of the constitutional value of ubuntu
on the concept of contractual freedom and autonomy in South Africa. PER/PELJ. 24.
p.g. 1-67.
Retrieved from: http://www.scielo.org.za/scielo.php?script=sci_arttext&pid=S1727-
37812021000100009 [Accessed on 02 January 2024].
• Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd (CCT 105/10) [2011]
ZACC 30; 2012 (1) SA 256 (CC); 2012 (3) BCLR 219 (CC) (17 November 2011).
Retrieved from: http://www.saflii.org/za/cases/ZACC/2011/30.html [Accessed on 02 January
2024].
Additional sources:
• Huyssteen K & Naidoo G. 2023. The constitutional values of Ubuntu and fairness compared
with the principle of pacta servanda sunt. Obiter. p.g. 222-229. Retrieved from:
https://www.fluxmans.com/article/constitutional-values-ubuntu-and-fairness-compared-
principle-pacta-servanda-sunt-kevin-van [Accessed on 02 January 2024].
Criteria Total
Excellent and relevant, Good, relevant, and Adequate and relevant Some original No original research
original and thorough original research that research discussing the research performed and information. Little
research that presents relates to the research concept of Ubuntu and and information to no attempt at
authoritative sources and question by providing how it relates to pacta sunt presented. However, answering the research
Knowledge of coherent and good and insightful servanda and the South the research does question.
legal content, comprehensive findings discussing the concept Africa law of contract. not substantively
merits of discussing the concept of of Ubuntu and how it The student provides an relate to the
argument and Ubuntu and how it relates relates to pacta sunt adequate opinion and research question
readability to pacta sunt servanda and servanda and the South discusses case law. posed.
the South Africa law of Africa law of contract.
contract. The student provides an
adequate opinion and
discusses case law.
9-10 7-8 5-6 2-4 0-1
Well-formulated, coherent The paper argues in The paper presents a The paper does No conclusion drawn
argument is presented favour of the conclusion coherently formulated reach a conclusion, from the research
throughout the research reached with reference conclusion that is related but the conclusion is presented. The essay is
that ultimately culminates to the research to and drawn from the not supported by or entirely disorganized.
in a logically consistent and presented. research presented. The related to the No original argument is
coherent conclusion. The The learner was able to learner provided an research concluded. presented, facts are
learner was able to provide provide a good thought- adequately thought-out The learner did not merely stated and there
an excellent thought-out out research essay. research essay. discuss all the is no critical analysis of
research essay. In other words, the In other words the essay is relevant topics. the topic.
In other words, there is a essay is mostly logical somewhat logical, with The essay lacks
Formulation of logical flow and clear with some minor noticeable deviations. The logical organization
Argument and progression of ideas. deviations. arguments are relevant but and coherence. The
Conclusion The introduction and The introduction and have notable gaps. arguments are weak
conclusion clearly relate to conclusion is related to The student displayed or irrelevant. There
one another. The the introduction and limited critical analysis and is minimal critical
conclusion is persuasive. the student presented made few connections. analysis or
The student displayed deep adequate critical connections drawn.
critical analysis and made analysis and The argument is not
insightful connections. connections. The persuasive and fails
argument presented is to convince the
moderately persuasive reader.
and somewhat
convincing.
5 4 3 2 0-1
Correct Harvard referencing Correct Harvard Some correct referencing, Incorrect referencing None
used throughout. All referencing throughout. and some sources cited, or irrelevant sources
relevant sources consulted At least relevant but not sufficient to cited.
and cited. Sources are sources cited. support the conclusion and
recognisable as Some sources are cited the argument throughout.
Academic authoritative legal correctly (both in text Some sources are cited
Integrity academic sources (case law, and in the bibliography) correctly (both in text and
journal articles, etc.) however, there are in the bibliography)
*Note ALL references must minor errors. however, there are
be cited correctly both in- noticeable errors.
text and in the
bibliography.
5 4 3 2 0-1 /20
ANNEXURE K: SAMPLE SUMMATIVE ASSESSMENT 1
Academic Year 2024: January – June
Sample Summative Assessment 1: General Principles of the Law of Contract

(HGPLC230-1)
Weighting: 50%
Assessment Type: Examination
Examiner: Lesiba Reuben Lebelo
Total: 70 Marks
Instructions
1. This examination script consists of 10 pages including the cover sheet. Ensure that you
have all the pages and is for revision purposes only.
2. This examination consists of two sections: Section A (Multiple-Choice Questions) and

Section B (Essay-Type Questions).
3. No answers in pencil will be marked.
4. Good Luck!
119 HGPLC230-1-Jan-June2024-SampleSA1-LR-V1-27062023
Section A: Multiple Choice Question (25 Marks)
Question 1 (1 Mark)
An underlying principle of the law of contract is that agreements seriously entered into should be
enforced. This finds expression is the principle of _____.
A. pacta de contrahendo
B. pacta successoria
C. pacta sunt servanda
D. pactum commissorium
Question 2 (1 Mark)
Agreements that are in conflict with public policy are:
A. Illegal and unenforceable in law.
B. Legal but still unenforceable in law.
C. Legal and enforceable in law.
D. Illegal and enforceable in law.
Question 3 (1 Mark)
____ refers to where the parties have expressly or impliedly stipulated a time for performance and
the debtor failed to perform on or before the due date:
A. Mora ex lege.
B. Mora ex persona.
C. Mora per se.
D. Mora ex re.
Question 4 (1 Mark)
In terms of the number of parties to a contract, which one of the following statements is incorrect?
A. In terms of a contract, there will always be at least two parties to a contract.
B. South African law does recognise a unilateral promise or declaration as a binding contract.
C. A person cannot enter into a contract with himself or herself.
D. It is possible for someone to contract with themselves, only if they are acting in two different
capacities.
Question 5 (1 Mark)
Which one of the following statements is incorrect regarding moral obligations?
A. It is a legal obligation that is enforceable by a right of action.
B. It is not regarded as a legal obligation and has no legal significance at all.
C. It is merely a duty that derives from a social agreement from the dictates of one’s conscience.
D. An example of a moral obligation would be fulfilling a promise to meet a friend for lunch.
Question 6 (1 Mark)
Simple joint liability in terms of a contract means:
A. This means that each of the creditors is liable for a disproportionate share of the performance,
and these shares are presumed to be unequal.
B. This means that each of the co-debtors is liable for the full amount of the debt, and the creditor
can accordingly claim the full debt or any lesser amount, from any one or more of them.
C. This means that each of the debtors is liable only for the proportionate share of the
performance, and these shares are presumed to be equal.
D. Where co-debtors are liable to make a performance jointly as a collective, the creditor may
not demand performance, in whole or in part, from any one of the debtors individually.
Question 7 (1 Mark)
Which one of the following statements is correct regarding incidentalia terms of a contract?
A. Incidentalia are distinctive terms used to identify or classify a contract as one of the specific
contracts recognised by common law.
B. Incidentalia are terms that are automatically included in any contract belonging to one of the
classes of specific contracts traditionally recognised in our law.
C. Incidentalia are terms that apply by operation of law/ ex lege.
D. Incidentalia are additional terms agreed upon by the parties that supplement or modify the
rights and duties of the parties.
Question 8 (1 Mark)
____ entails a substitution of creditors, whereby the right that the creditor has against a debtor is
transferred to a third party who becomes the creditor in his or her place.
A. Representation.
B. Substitution.
C. Cession.
D. Delegation.
Question 9 (1 Mark)
Which piece of legislation aims to protect consumers by providing that his or her attention must be
drawn to certain categories of clauses or notices that could be prejudicial to them?
A. Apportionment of Damages Act 34 of 1956.
B. Consumer Protection Act 68 of 2008.
C. National Credit Act 34 of 2005.
D. Electronic Communications and Transactions Act 25 of 2002.
A term that is vital to the performance of the obligations that needs to be performed in terms of a
contract is called a:
A. Material term.
B. Vital term.
D. Non-vital term.
The party who bears the duty to perform in terms of a contract is called the:
A. Creditor.
B. Third party.
C. Debtor.
D. Intermediary.
A. Contrary breach.
B. Anticipatory breach.
C. Negative breach.
Which of the following is not recognised as a form of breach of contract?
A. Cancellation.
B. Mora debitoris.
C. Positive malperformace.
D. Mora creditoris.
Which one of the following requirements does not form part of the three requirements of mora
debitoris.
A. The debt must be due and enforceable.
B. The time for performance must have been fixed, and the debtor failed to perform timeously.
C. The creditor delays in accepting performance or refuses admission to the debtor.
D. Such failure to perform on time must be without lawful cause.
In terms of the origins of repudiation as a form of breach, the doctrine of repudiation was almost
entirely derived from:
A. Roman Law.
B. Roman-Dutch law.
C. Scottish Law.
D. English law.
According to Buffalo City Metropolitan Municipality v Nurcha Development Finance (Pty) Ltd 2019
(3) SA 379 (SCA), the court has accepted that the basis for a tacit contract is consensus made
clearly manifest by the parties’ conduct.
What is the onus of proof in such instances?
A. The onus of proof is beyond a reasonable doubt.
B. The onus of proof is on a balance of probabilities.
C. The onus of proof is beyond a shadow of a doubt.
D. The onus of proof is on a balance of improbabilities.
Which one or more of the following are examples of contracts are aimed at conferring benefits to
A. Pension agreements.
C. Inter vivos trust deeds
D. All of the above.
Which of the following statements is true regarding the relationship between a principal and agent?
A. The relationship is largely governed by legislation.
B. The agent must act in his own best interests, and not in the interests of the principal.
Positive malperformance can be described as:
A. Where the debtor withholds performance.
B. Where the creditor makes it impossible for the debtor to perform
C. Where the debtor has performed, but the performance is defective or incomplete.
D. Where the debtor has completed performance and it is not defective.
The Lucky Fish restaurant has paid their supplier for 5kg of crayfish. The supplier must now deliver
the crayfish to the restaurant .
In terms of the law of contract Lucky Fish restaurant is now referred to as the ____ and the supplier
is referred to as the _____.
A. Lucky Fish restaurant is the principal and the supplier is the agent.
B. Lucky Fish restaurant is the debtor and the supplier is the creditor.
C. Lucky Fish restaurant is the consumer and the supplier supplies the goods.
D. Lucky Fish restaurant is the creditor and the supplier is the debtor.
Randal sells his 2019 BMW 1 series vehicle to both Zander and Michael, who are two separate and
unrelated buyers.
Will the performance in terms of the contract be divisible or indivisible?
A. The performance is divisible because Randal can give each buyer one half of the vehicle.
B. The performance is indivisible because Randal cannot choose who he wants to sell the
vehicle to.
C. The performance is indivisible because Randal cannot sell one vehicle to two separate
buyers.
D. The performance is divisible because both buyers must still pay the purchase price of the
vehicle.
Mike is a mechanic and enters into a contract with James, whereby they agree that Mike will service
James’ car on Saturday, 22nd of October 2022. However, Mike fails to service James’ car on the
agreed upon date but is still able to service the car at a later stage.
A. Impossibility of performance
B. Mora debitoris
C. Prevention of performance
D. Mora creditoris
Whitney and Bobby enter into a contract, whereby Whitney instructs Bobby to repair her refrigerator
on Thursday, 20 October 2022. Bobby arrives early at Whitney’s house on the agreed upon date.
However, Bobby finds the gates are locked, he cannot gain access to the premises and Whitney is
not there. She has gone away for a few days on a business trip, resulting in Bobby not being able
to fix the refrigerator on that day as agreed upon. Whitney later notifies Bobby that she will be back
on Tuesday, 25 October 2022 and instructs Bobby to come fix her refrigerator then.
Identify the type of breach that has occurred on 20 October 2022.
A. Mora debitoris.
C. Cancellation.
D. Mora creditoris.
George enters into a contract with his daughter Nancy, whereby in terms of the agreement, his
daughter is unable to marry anyone who is of a different ethnic or religious background. Such an
agreement is:
A. Unenforceable, because George cannot dictate to Nancy who she can and cannot marry.
B. Unenforceable, because the contract goes against the personal and religious beliefs.
C. Unenforceable, because the contract goes against good morals(contra bonos mores).
D. Enforceable, parties to a contract can stipulate their own terms.
Tumiso wants to rent a mountain bike so that he can cycle on some of the mountain trails in Cape
Town. Tumiso goes to RENT-A-BIKE (Pty) Ltd. and rents a mountain bike. The rental agreement
stipulates that Tumiso may only rent the bicycle for 6 hours. What kind of clause is this?
A. Warranty clause
B. Modal clause
D. Time clause
Section B (45 Marks)
Question 1 (6 Marks)
List six ways in which an obligation may be terminated by operation of law.
Read the fictitious scenario below and answer the questions that follow:
John is a computer programmer and has been employed with 4-D Games for Africa for ten years.
4-D Games for Africa specialises in the development of graphic 4-D gaming for gaming developers
all over Africa. 4-D Games for Africa has several clients, all of which John has worked with very
closely.
John is approached by his friend Albert who wants to start up a 4-D gaming business. Albert offers
John a job with double the salary he receives at 4-D Games for Africa, on condition that he solicits
at least ten of 4-D Games for Africa’s existing clients. However, in John’s employment contract
with 4-D Games for Africa, there is a restraint of trade clause which reads as follows:
“In the event that any employee leaves his employment with 4-D Games for Africa for any reason
whatsoever, the employee specifically agrees not to approach or solicit 4-D Games for Africa’s
clients for the purpose of offering alternative services by himself or on behalf of some other person,
firm, corporation, or organisation with whom the employee has some connection, for a period of
three months from the date of termination.”
Nonetheless, John jumps at the opportunity offered by Albert and immediately approaches ten of
4-D Games for Africa’s clients to use the services offered by Albert’s new business.
Required:
2.1. 4-D Games for Africa has approached you as their legal advisor and wants to know whether
John has breached his employment contract with 4-D Games for Africa.
Identify and explain the form of breach that has taken place in the scenario exemplified above.
(6 marks)
2.2. Advise what the most appropriate remedy would be for 4-D Games for Africa to institute
against John for the form of breach you have identified in Question 2.1, in order to prevent
John from soliciting their clients. In your answer, discuss what the remedy entails and what
requirements 4-D Games for Africa will have to meet in order to succeed with instituting the
remedy. Refer to case law. (14 marks)
Jeremy was involved in a motor vehicle accident. He took the damaged vehicle to Mr Fixit, a motor
vehicle repair centre to have his vehicle repaired. Mr Fixit repaired the damages and restored the
motor vehicle to working order however, Jeremy failed to realise that he would not have sufficient
funds to satisfy the debt owed to Mr Fixit that month. In light of his predicament, Jeremy proposed
to Mr Fixit that he would pay what he could that month but his motor vehicle would remain on Mr
Fixit’s premises and in their possession until such time as Jeremy had paid his debt in full.
Required:
3.1 Identify and discuss the type of security cession that has taken place in the scenario above.
(6 marks)
3.2 Advise Mr Fixit what they could do, should Jeremy fail to pay the debt due and owing in full.
(3 marks)
3.3 Suppose Dylan (a party not subject to the agreement between Jeremy and Mr Fixit) owes
Jeremy R10 000. The R10 000 owed by Dylan to Jeremy would satisfy the debt owed by
Jeremy to Mr Fixit. Instead of keeping Jeremy’s vehicle on the premises of Mr Fixit, Jeremy
proposes that Dylan pays the amount owed to Jeremy, directly to Mr Fixit, thereby, expunging
Jeremy’s debt and Dylan’s debt owed to Jeremy.
Identify and discuss the form of security cession that has taken place in this instance. In your
answer, discuss the difference between the form of security cession taking place in this
instance and that which you have identified in Question 3.1. above. (4 marks)
List and briefly explain the consequences of a contract that is void for illegality.
ANNEXURE L: SAMPLE SUMMATIVE ASSESSMENT 1: MEMORANDUM

MEMORANDUM
Academic Year 2024: January – June
Sample Summative Assessment 1: General Principles of the Law of Contract

(HGPLC230-1)
Weighting: 50%
Assessment Type: Examination
Examiner: Lesiba Reuben Lebelo
Total: 70 Marks
Instructions
1. This memorandum script consists of 17 pages including the cover sheet. Ensure that
you have all the pages and is for revision purposes only.
2. This examination consists of two sections: Section A (Multiple-Choice Questions) and

Section B (Essay-Type Questions).
3. No answers in pencil will be marked.
4. Good Luck!
131 HGPLC230-1-Jan-June2024-SampleSA1-Memo-LR-V1-27062023
Section A: Multiple Choice Question (25 Marks)
Question 1 (1 Mark)
An underlying principle of the law of contract is that agreements seriously entered into should be
enforced. This finds expression is the principle of _____.
A. pacta de contrahendo.
B. pacta successoria.
C. pacta sunt servanda.
D. pactum commissorium.
Answer C: Unit 5 (Chapter 7) page 189

• Determine when illegal contracts are considered to be void: Introduction to legality.
Question 2 (1 Mark)
Agreements that are in conflict with public policy are:
A. Illegal and unenforceable in law.
B. Legal but still unenforceable in law.
C. Legal and enforceable in law.
D. Illegal and enforceable in law.
Answer A: Unit 5 (Chapter 7) page 189

Question 3 (1 Mark)
____ refers to where the parties have expressly or impliedly stipulated a time for performance and
the debtor failed to perform on or before the due date:
A. Mora ex lege.
B. Mora ex persona.
C. Mora per se.
D. Mora ex re.

Question 4 (1 Mark)
In terms of the number of parties to a contract, which one of the following statements is incorrect?
A. In terms of a contract, there will always be at least two parties to a contract.
B. South African law does recognise a unilateral promise or declaration as a binding
contract.
C. A person cannot enter into a contract with himself or herself.
D. It is possible for someone to contract with themselves, only if they are acting in two different
capacities.
Answer B: Unit 7 (Chapter 9) page245

• Determine the minimum amount of parties required for a valid contract.
Question 5 (1 Mark)
Which one of the following statements is incorrect regarding moral obligations?
A. It is a legal obligation that is enforceable by a right of action.
B. It is not regarded as a legal obligation and has no legal significance at all.
C. It is merely a duty that derives from a social agreement from the dictates of one’s conscience.
D. An example of a moral obligation would be fulfilling a promise to meet a friend for lunch.

• Differentiate between the classifications of obligations: moral obligations
Question 6 (1 Mark)
Simple joint liability in terms of a contract means:
A. This means that each of the creditors is liable for a disproportionate share of the performance,
and these shares are presumed to be unequal.
B. This means that each of the co-debtors is liable for the full amount of the debt, and the creditor
can accordingly claim the full debt or any lesser amount, from any one or more of them.
C. This means that each of the debtors is liable only for the proportionate share of the
performance, and these shares are presumed to be equal.
D. Where co-debtors are liable to make a performance jointly as a collective, the creditor may
not demand performance, in whole or in part, from any one of the debtors individually.

• Differentiate between the following mechanisms of divisibility of performance: simple joint
liability and entitlement.
Question 7 (1 Mark)
Which one of the following statements is correct regarding incidentalia terms of a contract?
A. Incidentalia are distinctive terms used to identify or classify a contract as one of the specific
contracts recognised by common law.
B. Incidentalia are terms that are automatically included in any contract belonging to one of the
classes of specific contracts traditionally recognised in our law.
C. Incidentalia are terms that apply by operation of law/ ex lege.
D. Incidentalia are additional terms agreed upon by the parties that supplement or modify
the rights and duties of the parties.
Answer D: Unit 7 (Chapter 10) page 263-264

• Distinguish between essentialia, naturalia and incidentalia.
Question 8 (1 Mark)
____ entails a substitution of creditors, whereby the right that the creditor has against a debtor is
transferred to a third party who becomes the creditor in his or her place.
A. Representation.
B. Substitution.
C. Cession.
D. Delegation.

• Discuss the transfer of rights and duties to third parties.
Question 9 (1 Mark)
Which piece of legislation aims to protect consumers by providing that his or her attention must be
drawn to certain categories of clauses or notices that could be prejudicial to them?
A. Apportionment of Damages Act 34 of 1956.
B. Consumer Protection Act 68 of 2008.
C. National Credit Act 34 of 2005.
D. Electronic Communications and Transactions Act 25 of 2002.
Answer B: Unit 7 (Chapter 10) page 267.

• Examine the various examples of express terms: The Consumer Protection Act
A term that is vital to the performance of the obligations that needs to be performed in terms of a
contract is called a:
A. Material term.
B. Vital term.
D. Non-vital term.

• Examine the various examples of express terms: Material terms.
The party who bears the duty to perform in terms of a contract is called the:
A. Creditor.
B. Third party.
C. Debtor.
D. Intermediary.

• Differentiate between the classifications of obligations: Obligations (debtor & creditor).
A. Contrary breach.
B. Anticipatory breach.
C. Negative breach.
Answer B: Unit 8 (Chapter 12) page 311

Which of the following is not recognised as a form of breach of contract?
A. Cancellation.
B. Mora debitoris.
C. Positive malperformace.
D. Mora creditoris.

Which one of the following requirements does not form part of the three requirements of mora
debitoris.
A. The debt must be due and enforceable.
B. The time for performance must have been fixed, and the debtor failed to perform timeously.
C. The creditor delays in accepting performance or refuses admission to the debtor.
D. Such failure to perform on time must be without lawful cause.

In terms of the origins of repudiation as a form of breach, the doctrine of repudiation was almost
entirely derived from:
A. Roman Law.
B. Roman-Dutch law.
C. Scottish Law.
D. English law.
Answer D: Unit 8 (Chapter 12) page 331

According to Buffalo City Metropolitan Municipality v Nurcha Development Finance (Pty) Ltd 2019
(3) SA 379 (SCA), the court has accepted that the basis for a tacit contract is consensus made
clearly manifest by the parties’ conduct.
What is the onus of proof in such instances?
A. The onus of proof is beyond a reasonable doubt.
B. The onus of proof is on a balance of probabilities.
C. The onus of proof is beyond a shadow of a doubt.
D. The onus of proof is on a balance of improbabilities.
Answer B: Unit 7 (Chapter 10) page 269-270
• Examine the various examples of express terms: tacit contracts.
Which one or more of the following are examples of contracts are aimed at conferring benefits to
A. Pension agreements.
C. Inter vivos trust deeds
D. All of the above.

• Explain the contract for the benefit of a third party (stipulatio alteri).
Which of the following statements is true regarding the relationship between a principal and agent?
A. The relationship is largely governed by legislation.
B. The agent must act in his own best interests, and not in the interests of the principal.

• Examine the consequences of contracting through an agent.
Positive malperformance can be described as:
A. Where the debtor withholds performance.
B. Where the creditor makes it impossible for the debtor to perform
C. Where the debtor has performed, but the performance is defective or incomplete.
D. Where the debtor has completed performance and it is not defective.

The Lucky Fish restaurant has paid their supplier for 5kg of crayfish. The supplier must now deliver
the crayfish to the restaurant .
In terms of the law of contract Lucky Fish restaurant is now referred to as the ____ and the supplier
is referred to as the _____.
A. Lucky Fish restaurant is the principal and the supplier is the agent.
B. Lucky Fish restaurant is the debtor and the supplier is the creditor.
C. Lucky Fish restaurant is the consumer and the supplier supplies the goods.
D. Lucky Fish restaurant is the creditor and the supplier is the debtor.

• Differentiate between the classifications of obligations: Obligations (debtor & creditor).
Randal sells his 2019 BMW 1 series vehicle to both Zander and Michael, who are two separate and
unrelated buyers.
Will the performance in terms of the contract be divisible or indivisible?
A. The performance is divisible because Randal can give each buyer one half of the vehicle.
B. The performance is indivisible because Randal cannot choose who he wants to sell the
vehicle to.
C. The performance is indivisible because Randal cannot sell one vehicle to two separate
buyers.
D. The performance is divisible because both buyers must still pay the purchase price of the
vehicle.

• Examine whether performance is divisible or indivisible.
Mike is a mechanic and enters into a contract with James, whereby they agree that Mike will service
James’ car on Saturday, 22nd of October 2022. However, Mike fails to service James’ car on the
agreed upon date but is still able to service the car at a later stage.
A. Impossibility of performance
B. Mora debitoris
C. Prevention of performance
D. Mora creditoris
Answer B: Unit 8 (Chapter 12) page 312-313

• Discuss, compare and/or apply the requirements of the following terms of breach.
Whitney and Bobby enter into a contract, whereby Whitney instructs Bobby to repair her refrigerator
on Thursday, 20 October 2022. Bobby arrives early at Whitney’s house on the agreed upon date.
However, Bobby finds the gates are locked, he cannot gain access to the premises and Whitney is
not there. She has gone away for a few days on a business trip, resulting in Bobby not being able
to fix the refrigerator on that day as agreed upon. Whitney later notifies Bobby that she will be back
on Tuesday, 25 October 2022 and instructs Bobby to come fix her refrigerator then.
Identify the type of breach that has occurred on 20 October 2022.
A. Mora debitoris.
C. Cancellation.
D. Mora creditoris.
• Discuss, compare and/or apply the requirements of the following terms of breach.
George enters into a contract with his daughter Nancy, whereby in terms of the agreement, his
daughter is unable to marry anyone who is of a different ethnic or religious background. Such an
agreement is:
A. Unenforceable, because George cannot dictate to Nancy who she can and cannot marry.
B. Unenforceable, because the contract goes against the personal and religious beliefs.
C. Unenforceable, because the contract goes against good morals(contra bonos mores).
D. Enforceable, parties to a contract can stipulate their own terms.
Answer C: Unit 5 (Chapter 7) page 195-196

Tumiso wants to rent a mountain bike so that he can cycle on some of the mountain trails in Cape
Town. Tumiso goes to RENT-A-BIKE (Pty) Ltd. and rents a mountain bike. The rental agreement
stipulates that Tumiso may only rent the bicycle for 6 hours. What kind of clause is this?
A. Warranty clause
B. Modal clause
D. Time clause

• Define the time clause, and determine the consequences it may have on a contract.
Section B (45 Marks)
List six ways in which an obligation may be terminated by operation of law.
Answer: Unit 10, Chapter 15, page 419
1. Set-off; ✔
2. Merger; ✔
3. Supervening impossibility of performance; ✔

4. Prescription; ✔
5. Insolvency; ✔and
6. Death.✔

• Explain termination of obligation by operation of law.
John is a computer programmer and has been employed with 4-D Games for Africa for ten years.
4-D Games for Africa specialises in the development of graphic 4-D gaming for gaming developers
all over Africa. 4-D Games for Africa has several clients, all of which John has worked with very
closely.
John is approached by his friend Albert who wants to start up a 4-D gaming business. Albert offers
John a job with double the salary he receives at 4-D Games for Africa, on condition that he solicits
at least ten of 4-D Games for Africa’s existing clients. However, in John’s employment contract
with 4-D Games for Africa, there is a restraint of trade clause which reads as follows:
“In the event that any employee leaves his employment with 4-D Games for Africa for any reason
whatsoever, the employee specifically agrees not to approach or solicit 4-D Games for Africa’s
clients for the purpose of offering alternative services by himself or on behalf of some other person,
firm, corporation, or organisation with whom the employee has some connection, for a period of
three months from the date of termination.”
Nonetheless, John jumps at the opportunity offered by Albert and immediately approaches ten of
4-D Games for Africa’s clients to use the services offered by Albert’s new business.
Required:
2.1. 4-D Games for Africa has approached you as their legal advisor and wants to know whether
John has breached his employment contract with 4-D Games for Africa.
Identify and explain the form of breach that has taken place in the scenario exemplified above.
(6 marks)
Yes, John has breached the terms of the restraint of trade clause in his employment contract
with 4-D Games for Africa. ✔ The form of breach that has taken place is that of repudiation. ✔
Repudiation occurs where a party to a contract either by words or conduct, ✔ and without lawful
excuse, ✔ manifests an unequivocal intention to no longer be bound by the contract or any
obligation forming part of the contract. ✔
Application:
John’s conduct of approaching ten of 4-D Games for Africa’s clients results in an unequivocal
intention to no longer be bound by the restraint of trade (the obligation forming part of the
employment contract). ✔

• Discuss, compare and/or apply the requirements for the following forms of breach:
repudiation.
2.2. Advise what the most appropriate remedy would be for 4-D Games for Africa to institute
against John for the form of breach you have identified in Question 2.1, in order to prevent
John from soliciting their clients. In your answer, discuss what the remedy entails and what
requirements 4-D Games for Africa will have to meet in order to succeed with instituting the
remedy. Refer to case law. (14 marks)
The most appropriate remedy for 4-D Games for Africa to institute against John would be an
interdict. ✔✔ An interdict is a remedy that is used to prevent the breach or threatened breach of a
contract or to protect ancillary rights flowing from a contract. ✔ An interdict is a court order that
prohibits the respondent from doing something that is specified in the order. ✔ If the respondent
fails to comply with the interdict, it will be guilty of the offence of contempt of court. ✔ The interdict
is ordinarily used by a party to a contract as a form of specific performance, ✔ where the respondent
is doing or threatening to do something that is forbidden by the agreement ✔ (for example, a
restraint of trade agreement is frequently enforced by way of an interdict).
To succeed with an application for an interdict, the following requirements must be met according
to the common law as set out in Setlogelo v Setlogelo 1914 AD 221: ✔
1. a clear right must exist ✔ – the right will usually be based on the provisions of the contract; ✔
2. injury must be shown ✔– an infringement of a contractual right coupled with the possibility of
damages or the infringement of another right will satisfy this requirement; ✔and
3. there should be no other ordinary remedy that will protect the innocent party with the same
effect ✔ – the fact that damages will be inadequate to properly protect the innocent party is
generally recognised as one such ground. ✔

• Explain, compare and/or apply the following contractual remedies: interdict .
Jeremy was involved in a motor vehicle accident. He took the damaged vehicle to Mr Fixit, a motor
vehicle repair centre to have his vehicle repaired. Mr Fixit repaired the damages and restored the
motor vehicle to working order however, Jeremy failed to realise that he would not have sufficient
funds to satisfy the debt owed to Mr Fixit that month. In light of his predicament, Jeremy proposed
to Mr Fixit that he would pay what he could that month but his motor vehicle would remain on Mr
Fixit’s premises and in their possession until such time as Jeremy had paid his debt in full.
Required:
3.1. Identify and discuss the type of security cession that has taken place in the scenario
above. (6 marks)
The scenario above exemplifies that of a pledge of a corporeal thing. ✔ The pledgor i.e. Jeremy,
retains ownership (bare dominium) of the property concerned (in this instance his vehicle), ✔ but
surrenders possession of it to the pledgee i.e. Mr Fixit, ✔ who acquires a limited real right of security
in the property. ✔ This real right endures only for so long as the property remains in the possession
of the pledgee. ✔ The pledge automatically ends when the principal debt is paid, because of the
accessory nature of a pledge. ✔
3.2. Advise Mr Fixit what they could do, should Jeremy fail to pay the debt due and owing in full.
(3 marks)
If the pledgor fails to pay the principal debt, the pledgee may sell the property ✔ and use the
proceeds of the sale to satisfy the debt. ✔ Any surplus must be paid to the pledgor. ✔
3.3. Suppose Dylan (a party not subject to the agreement between Jeremy and Mr Fixit) owes
Jeremy R10 000. The R10 000 owed by Dylan to Jeremy would satisfy the debt owed by
Jeremy to Mr Fixit. Instead of keeping Jeremy’s vehicle on the premises of Mr Fixit, Jeremy
proposes that Dylan pays the amount owed to Jeremy, directly to Mr Fixit, thereby,
expunging Jeremy’s debt and Dylan’s debt owed to Jeremy.
Identify and discuss the form of security cession that has taken place in this instance. In your
answer, discuss the difference between the form of security cession taking place in this
instance and that which you have identified in Question 3.1. above. (4 marks)
In this instance, fiduciary security cession has taken place. ✔ Fiduciary security cession is an
ordinary out-and-out cession of a personal right (i.e. the right that Jeremy has against Dylan for the
debt owed by Dylan to Jeremy) as a security for a debt, ✔ coupled with an agreement to recede the
right when the debt is paid. ✔
With this form of security cession, and unlike a pledge, the full title of the right passes to the
cessionary. ✔

• Contrast between the following forms of cession: Fiduciary security cession and pledge.
List and briefly explain the consequences of a contract that is void for illegality.
Note to grader: Award one mark for listing a correct consequence and one mark for a brief
explanation. Grader’s discretion is advised regarding the explanation as student’s answers may
vary.
Answer: Unit 5, Chapter 7, pages 213 – 214.
The consequences of a contract that is void for illegality are as follows:
1. The contract cannot be enforced (ex turpi rule): ✔ An illegal contract creates no obligations
and, consequently, it cannot be enforced. Neither party can institute action on the contract or
claim performance from the other party because from an illegal cause no action arises. ✔
2. Severing the illegal part of a contract: ✔ A contract is sometimes only partially illegal. The
courts have in certain cases allowed the illegal part of a contract to be severed from the rest,
thus permitting the remainder of the contract to remain in force. ✔
3. Reclaiming performance that has been made in terms of an illegal contract (par delictum
rule): ✔ The par delictum rule will prevent restitution from taking place. This rule does not
preclude the enforcement of an unlawful contract by means of a claim for specific
performance, but where it applies, it does prevent a party from reclaiming his or her
performance in terms of an unlawful contract. ✔

• Demonstrate the consequences of illegality on a contract.

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BOSTON CITY CAMPUS

General Principles of the Law of Contract

Assessment Strategy: AS4

January – June 2024

About the Institution

2. CRITICAL OUTCOMES OF THE LEARNING PROGRAMME 7

3. TEACHING, LEARNING AND ASSESSMENT 10

4. STUDENT ACCESS TO IT, LIBRARY AND OTHER RESOURCES 15

5. COMMUNICATION AND SUPPORT 17

6. REQUIREMENTS TO COMPLETE THE MODULE SUCCESSFULLY 21

7. MODULE STRUCTURE AND ASSESSMENT SPECIFICS 23

9. STUDY PROCEDURE AND GUIDELINES FOR COMPLETING ASSESSMENTS 27

A. EXPLANATION OF ACTION VERBS REQUIRED FOR COMPLETING ASSESSMENTS 31

B. PROPOSED STUDY PROGRAMME 32

C. ACADEMIC CALENDAR FOR 2024 42

D. PLAGIARISM INFORMATION SHEET 51

E. BREAKDOWN OF PROPOSED COURSE MATERIAL - IF APPLICABLE 56

G. SAMPLE FORMATIVE ASSESSMENT 1 66

H. SAMPLE FORMATIVE ASSESSMENT 1: MEMORANDUM 73

I. FORMATIVE ASSESSMENT 2 – IF APPLICABLE 88

J. SUMMATIVE ASSESSMENT 2 – IF APPLICABLE 110

K. SAMPLE SUMMATIVE ASSESSMENT 1 – IF APPLICABLE 119

L. SAMPLE SUMMATIVE ASSESSMENT 1: MEMORANDUM – IF APPLICABLE 131

1.2 The Module

• Module name: General Principles of the Law of Contract (HGPLC230-1)

1.3 Notional Hours

1.4 Introduction to SAQA, QCs and the NQF

Who is the South African Qualifications Authority (SAQA)?

In terms of qualifications and professional bodies, SAQA must:

What are Quality Councils (QCs)?

The three QCs are:

The National Qualifications Framework (NQF) is a comprehensive system for the

What Does the NQF Look Like?

The NQF is organised as a series of levels of learning achievement, arranged in ascending

Description NQF 5 NQF 6 NQF 7 NQF 8

3.1 Learning Philosophy

As an accredited and registered private higher education institution, Boston is committed to

• Should be action-orientated and communicative

3.2 Learning Methodology

Teaching at Boston consists of:

Learning consists of:

3.3 Assessment Strategies and Types of Assessments

The following are examples of assessment strategies used:

Assessment Strategy 1 (AS1): The formative assessment 1 (FA1), formative assessment 2

Assessment Strategy IS (ASIS): An integrated summative assessment 1 (SA1) in the form of a

There are a number of assessment types appropriate to the distance-learning environment,

3.3.1 Self-Assessment and Recommended Reading

3.3.2 Report Writing

3.3.3 True-False Test

3.3.4 Open-Book Test/Assignment

Open-book testing is used to:

3.3.5 Multiple-Choice Question Examination

3.3.6 Student-Centred Interaction

By encouraging students to continually ask questions and be comfortable with the

3.3.7 Sample Assignment and Examination Papers and Memoranda

Students receive a sample assignment and memorandum, as well as a sample examination

3.4 Feedback to Students

4.1 Distance Learners and Support Centres

4.2 Hours of Operation

Head of Library Services Contact details

5.1 Student Support

• From Educators on a Friday.

5.2 General and Administrative Support (Administrative – NOT Course Related)