Question 1 (15 marks) 1.1 Explain the differences between: 1.1.1 Substantive and procedural law. (4) 1.1.2 Foreign law and international law. (4) 1.1.3 Private law and public law. (4) 1.2 Certain areas of law are categorised as ‘hybrid’ areas of law since they span across different fields. Identify and define one such area of law. (3) Question 2 (17 marks) 2.1 There are different types […]
Posted: April 6, 2024
Question 1 (20 marks) As a general rule, no formalities are required for the formation of a valid contract, provided all the other requirements for validity are met. Write an essay regarding the exceptions to this general rule. Question 2 (20 marks) You are invited by the Law Society to give training to Candidate Attorneys on the topic of the “Parol evidence rule”. Your answer […]
Posted: April 6, 2024
Question 1 (10 marks) Answer the following question: Zarkob’s will contains the following clause: “My daughter Ruth inherits R500 000 and her children who are alive at the date of my death, each inherits R100 000. Zarkob dies on 29 September 2022. Ruth’s third child Alex is born on 21 October 2022. Ruth has two other children Samantha and Jaydee. 1.1 Can the nasciturus fiction […]
Posted: April 3, 2024
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. Question 2 (12 marks) 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. Question 3 (10 […]
Posted: March 12, 2024
Question 1: Martha recently graduated with her Doctorate in Law degree (LLD) and got a position at the University of Stellenbosch as a senior lecturer in the Faculty of Law. She is tasked with teaching Applied Research for Law Practitioners. Her first lecture is based on the history of legal research. Martha is nervous and is not well-informed on the subject. She comes to you, […]
Posted: February 23, 2024
Question 1 (20 marks) “… Our courts have held that the Company Secretary is an officer of the company with extensive duties and responsibilities. Far from being a mere scribe, he regularly makes representations and enters into contracts on behalf of the company. Company Secretaries are an integral part of an organisation’s management structure and play a pivotal role in the proper governance of the company. […]
Posted: May 13, 2023
Eddy and Carl live in Benoni but decide to spend their December vacation at Umhlanga Rocks. Upon their arrival in Durban they hear that the beaches are closed as a result they are unable to swim. Eddy decides to stroll on the beach, while Carl went Mall hopping. Eddy finds a coin on the beach that is gold in colour. Assuming that the coin was […]
Posted: April 26, 2023
JC Van der Walt and Rob Midgley define a delict “in general terms [. . .] as a civil wrong,” and more narrowly as “wrongful and blameworthy conduct which causes harm to a person” (2005: par. 2). Negligence (culpa) occurs where there is an inadequate standard of behaviour. It reflects the law’s disapproval of the defendant’s conduct. The conduct is tested against what the reasonable […]
Posted: April 26, 2023
JC Van der Walt and Rob Midgley define a delict “in general terms [. . .] as a civil wrong,” and more narrowly as “wrongful and blameworthy conduct which causes harm to a person” (2005: par. 2). Negligence (culpa) occurs where there is an inadequate standard of behaviour. It reflects the law’s disapproval of the defendant’s conduct. The conduct is tested against what the reasonable […]
Posted: April 18, 2023
Read the below facts concerning the dispute between Novartis South Africa (Pty) Lt and Hiline Medical (Pty) Ltd and answer the questions raised by this set of facts. Novartis South Africa (Pty) Ltd (Novartis) is a subsidiary of a pharmaceutical drug manufacturer and supplier based in Switzerland. It operates ‘divisions’ (separate trading entities, but not companies themselves) in South Africa, which in turn supply medicines […]
Posted: April 13, 2023
