Question 1 (10 marks)

Explain the history of the South African legal system prior to colonisation and the introduction of the Roman Dutch law.

Question 2 (19 marks)

Read the fictitious scenario below and answer the questions that follow:

Gilbert and Paulus are colleagues and directors of a company (of which you are required to be a major to hold office as a director). Gilbert and Paulus share a mutual horse racing interest and may be considered enthusiasts as they own race horses. Gilbert enters into an agreement in which he agrees to sell his racehorse ‘Caveat’ to Paulus for R450 000, which Paulus agrees to. Delivery is to be made once payment is affected.

Required:

Explain when an agreement constitutes a contract. Identify the requirements for a valid contract. Furthermore, determine and explain whether a valid contract has come into existence between Gilbert and Paulus. (13 marks)
Note to student:

• Identify the relevant law and requirements.
• Apply the relevant facts of the scenario to the relevant requirements.
• Provide a conclusion stating whether a valid or invalid contract has come into existence.

Assuming Gilbert decides to keep the racehorse upon receiving the money from Paulus, identify and explain whether Paulus may institute a remedy/claim against Gilbert.

Question 3 (33 marks)

Read the fictitious scenario below and answer the questions that follow:

Daemon and his sister Reyhana visit the local zoo. They decide to view the gorilla sanctuary. They note a zookeeper attending to the gorilla homestead within the sanctuary which houses gorillas, on his way out, the zookeeper closes the gate but does not lock it. One of the gorillas pushes the gate open and attacks Daemon. As a result of the gorilla attack, Daemon suffers serious injuries which require medical attention and a lengthy hospital stay of which the medical bill was settled by the director of the zoo. As a consequence of the gorilla attack, Daemon is paralysed for life. Further, Daemon suffers from long-term post-traumatic stress disorder due to the attack.

Required:

Define a delict with reference to its narrow definition. (2 marks)

Identify and explain the elements of a delict and establish whether a delict has occurred in the scenario provided above. (16 marks)
Note to student:

• Identify the relevant law and requirements.
• Apply the relevant facts of the scenario to the relevant requirements.
• Conclude by stating either a delict has occurred, or a delict has not occurred.

Identify and explain the applicable claim that Daemon may institute in terms of non-patrimonial loss. (15 marks)
Note to grader:

• Award a maximum of fifteen (15) marks for this question.

Question 4 (6 marks)

Complete the table below by providing the consequence of the corresponding type of contract.

Question 5 (15 marks)

Read the fictitious scenario below and answer the questions that follow:

Jordan decides to buy a car from Velocity Cars (Pty) Ltd. Jordan enters into a contract with Velocity Cars (Pty) Ltd in which he is to buy the BMW advertised for sale at a price of R250 000.

Required:

Explain what constitutes a nominate contract and identify the nominate contract exemplified in the fictitious scenario. (3 marks)

Explain the essentialia and naturalia of the contract between Jordan and Velocity Cars (Pty) Ltd. (12 marks)

Question 6 (6 marks)

List the instances in which an offer may be terminated.

Question 7 (11 marks)

Identify and explain the requirements for a valid offer.

Answers to Above Questions on Commercial Law

Answer 1: An analysis of the history of the South African legal system prior to colonisation indicates that South Africa was inhabited by various indigenous groups and they have their own legal systems. Some of these groups include Khoisan, Zulu, Sotho and Xhosa and they have their own systems of governance.  In addition to this, there were also traditional courts that were in existence, for resolving disputes within the community. The arrival of European colonists in the 17th century has resulted in the introduction of their own legal system and the country is still following the Legacy of colonialism in its legal system.