Part 1 – General Introduction (Theory of Law) – UNIT 1 & 2

Question 1
Discuss the sources of South African Law and indicate the ranking in respect of authority.
(10 Marks)
Question 2
Briefly discuss the hierarchy of the various courts of law within South Africa as well as their jurisdictional roles. (10 Marks)

Question 3
There are various officers and officials active in the South African courts, briefly discuss them and briefly explain each of their roles. (12 Marks)

Question 4
What is the doctrine of “stare decises” and what does it mean. (2 Marks)

Question 5
What is the literal meaning of “obiter dictum” and “ratio decidendi” when the court makes its findings. (2 Marks)

Question 6
Give the definition or the meaning and example of the following:
(a) natural persons (1 Mark)
(b) juristic persons (1 Mark)

Question 7
Procedural law is subdivided into sections, what are they called or referred too? (3 Marks)

Question 8
Substantive law is made up of two divisions / branches and give an example of each under each of the divisions or branches. (4 Marks)

Part 2 – General principles of contract law and Theory of law

Question 9
Briefly explain the essentials of a valid contract. (10 Marks)

Question 10
Elaborate and explain the following:

(a) performance (2 Marks)
(b) Entire contract (2 Marks)
(c) Unilateral contract (2 Marks)
(d) Reciprocal contract (2 Marks)
(e) Nominate contract (2 Marks)

Question 11
Consensus refers to the meeting of the minds, and the parties to a contract should be mindful of the fact, that legal and binding obligations will flow from it.

Should there be consensus but the consent was obtained in an improper manner it is said to be voidable. What are the consequences of voidable contracts and elucidate on this matter in full. (15 marks)

Question 12
Certain persons may not enter into contracts and others are said to have limited and no contractual ability in terms of the law. Explain and discuss this statement in detail. (12 Marks)

Question 13
Briefly distinguish between two types of possibility that may arise and explain the difference of the one over the other. (4 Marks)

Question 14
Contracts need not be in writing as a requirement in terms of the law but it is said that anything in writing makes it easy to refute the contractual parties’ intentions. It is stated that certain contracts have to be reduced to writing and is required by law. Elucidate (10 Marks)

Question 15
Give the full meaning and explanation of the following:
(a) Term in a contract (2)
(b) Tacit term (2)
(c) Implied term (2)
(d) Expressed term (2)
(e) A suspensive condition (4)
(f) A resolutive condition (4)
(g) Incidentalia of a contract (2)
(18 Marks)
Question 16
Briefly explain the following:

(a) Caveat subscriptor rule and the only defense against this
(b) Parole evidence rule
(c) Rectification (8 Marks)

Question 17
(a) Elaborate on the different forms of breach of contract that may occur and the one form that readily and distinctly happens within the construction sector. (10 Marks)
(b) The concept of “exceptio non adimpleti contractus”. Explain or elaborate fully.
(10Marks)
Question 18
(a) Explain and differentiate between “terms”, “conditions” and “warranties” in the context of contract law. (10 Marks)
(b) Discuss ways in which a contract may be terminated (10 Marks)

Question 19
(a) What is meant by, and what is the significance of, the “parole evidence” or “integration rule”? (5 Marks)
(b) Name the different types of misrepresentation and the remedies available in each case.

What does a party have to prove when he alleges misrepresentation?

Question 20

(10 Marks)

What is the difference between “adjectival” or “procedural law” and “substantive” law? Give two examples of categories of law which fall in each type. [5Marks]

Answers on Above Questions on Construction Contracts

Answer 1: 

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