Question 1 (15 marks)

• For each of the following statements below, indicate whether it is true or false and provide a justification for your answer:
• Magistrate’s Courts are the highest level of court in South Africa. (3 marks)
• The Constitutional Court is the highest court in South Africa for specifically for constitutional matters. ( 3 marks)
• The Regional Court has jurisdiction over claims between R200,000 and R400,000. ( 3 marks)
• The Small Claims Court has jurisdiction over claims up to R50,000. ( 3 marks)
• Mediation is a type of ADR where a third party makes a decision for the parties involved. ( 3 marks)

Question 2 (12 marks)

Identify any six (6) of the most important role players involved in the litigation process and the roles they perform.

Question 3 (12 marks)

Read the scenario below and answer the question that follows:

On 23 February 2023, Jerry placed an advert online to sell his trailer. On 24 February 2023, Tommy responded to the advertisement and expressed his interest in the trailer. Jerry then sent an offer to sell his trailer to Tommy via WhatsApp on the same day. Tommy only responds to Jerry’s offer on the 27th of February; however, Jerry does not read the messages. Tommy calls Jerry on the 2nd of March to find out when delivery will take place. Jerry argues that there is no contract between them because he did not see, nor read the text messages from Tommy.

Required:
Identify the relevant acceptance theory in the scenario above and advise whether or not a contract has been entered into.

Question 4 (15 marks)

Read the scenario below and answer the question that follow:

Donald offers to sell his GTI Golf 7 to Tumishang for R450 000. Tumishang asks Donald to give him 2 days to consider his offer. Tumishang responds to Donald as planned after two days, and he accepts the offer with the condition that Donald can sell the car to him for R400,000.

Required:
Advise whether Tumishang’s acceptance is valid.

Question 5 (12 marks)

Read the scenario below and answer question that follow:

John hires a contractor, Jane, to remodel his kitchen. They agree on a price of R80 000 for the work, which is to be completed within two months. However, Jane finishes the job in just three weeks, but John pays Jane only R60 000 and refuse to pay the rests saying that Jane overcharged him. John is happy with the results but is unwilling to pay the whole R80 000.

Required:

What legal recourse does Jane have in this situation and what claim(s) can she potentially institute against John to recover the unpaid amount? Fully discuss.

Question 6 (6 marks)

In each of the following fictional scenarios, determine the highest-order normative system that applies.

Ethel resides at Verdot, Zevenwacht. Among other rules, Ethel’s apartment complex’s body corporate rule prohibits anyone from using its swimming pool after 22:00. After celebrating her birthday on a Friday evening at 23h45, Ethel and her friends, who are heavily intoxicated, swim in the complex pool and make noise for other tenants. The Verdot’s body corporate chairperson sent Ethel a letter the following morning informing her that she violated the Verdot’s body corporate rules and that she would be fined R 5,000 as a result. ( 2 marks)

Peter is a recovering meth addict. He has been sober for a month and six days. A friend of Peter’s invited him to a house party. In order to avoid being irritated and abusive to the people he cares about, Peter made a promise to his fiancée that he would never use drugs again. When he arrived at the party, Peter was tempted to use drugs once again, and he continued to do so. Peter feels terrible after breaking a promise he made to himself and his fiancé. ( 2 marks)

Martin is charged with driving under the influence of alcohol. After being arrested for driving while intoxicated, Martin bribes the investigating officer to make the case docket ‘disappear’. ( 2 marks)

Question 7 (8 marks)

Provide a distinction between a unilateral contract from a reciprocal contract, and explain how the parties’ obligations differ under each of these two types of agreements.

Question 8 (6 marks)

Read the scenario below and answer the question that follow:

Catherine is a sales associate at Jasmine jewellery store. She intentionally misleads Mulalo, a buyer, into believing that a gold-plated ring is actually a solid gold ring. Catherine knows that the ring is not made of solid gold, but tells Mulalo otherwise to make a larger profit. Mulalo relies on Catherine’s misrepresentation and pays a higher price for the ring, only to later discover that it is not made of solid gold.

Required:

What factor(s) had an influence on the consensus between Catherine and Mulalo in this scenario? Fully discuss the relevant factor(s) entail.

Question 9 (4 marks)

List any four (4) categories of subjective rights.

Question 10 (10 marks)

What are some of the specific remedies available to a party who has suffered a breach of contract?
Note to student:

• Only list the remedies, no discussion is required.

Answers to Above Questions on Commercial Law

Answer 1: 

1. It is false because Magistrate’s Courts are not the highest level of courts in South Africa.
2. Yes it is true because the Constitutional Court is the highest court in South Africa for constitutional matters.

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