NOVEMBER 2018 MAIN EXAMINATION

MODULE:
COMMERCIAL LAW

PROGRAMME:
BACHELOR OF COMMERCE IN HUMAN RESOURCE
MANAGEMENT

DATE: 15 November 2018 TIME: 09h00-11h00

DURATION: 2 hours MARKS: 100
EXAMINER: F Lockhat MODERATOR: O M Seedat

INSTRUCTIONS TO CANDIDATES:
1. Candidates are required to answer ALL questions.
2. This is a closed book examination.
3. No written material may be brought into the examination room.
4. Write legibly and neatly.
5. Do not turn over this page until permitted by the Invigilator.

This question paper consists of one (1) typed page excluding the cover page
QUESTION ONE [29]
1.1 The establishment of Customary law is based on traditions, norms and cultures. Explain the
requirements for such establishment. (4)
1.2 List the responsibilities of the National Assembly as contained in section 42(3) of The
Constitution of South Africa. (4)
1.3 Outline the principles on which separation of powers (SCP) is based. (6)
1.4 List the three (3) types of non-profit organisations recognised in South African law and
explain the distinguishing elements of each type. (15)

QUESTION TWO [23]

2.1 Discuss the requirement of acceptance as an essential element in a valid contract. (8)
2.2. Discuss in detail the contractual capacity of the following persons:-
2.2.1 Mentally disabled persons (5)
2.2.2 Prodigals (5)
2.2.3. Insolvent Persons (5)

QUESTION THREE [25]

3.1 Explain the prohibitory interdict and cancellation of the contract as two remedies for a
breach of contract. (12)
3.2. Using appropriate examples, distinguish between suspensive and resolutive conditions. (10)
3.3 List the three (3) requirements for ownership to pass in a contract of sale. (3)

QUESTION FOUR [23]

Explain the four (4) ways in which an agents authority to act on behalf of another comes into
existence.

END OF QUESTION PAPER