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Exam (elaborations) CLA1501 - Commercial LAw 1A (CLA1501) JAN/FEB 2022 SUPPLEMENTARY EXAM RESPONSES (18/02/2022)
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Exam (elaborations) CLA1501 - Commercial LAw 1A (CLA1501)
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Online ExaminationsDECLARATION OF OWN WORK FOR NON-VENUE BASED EXAMINATION
MODULE CODE:
CLA1501
I,
(STUDENT NUMBER) confirm that:
This EXAMINATION PAPER contains my own original ideas and work.
I have NOT shown, or shared, my examination paper or answers with
anyone.
I have not engaged in group work.
I have not used the Internet to source my answers or examples.
I acknowledge that not including a signed (initialed) Declaration results in a
failure of 0%.
I have not submitted the ideas or work contained in this MODULE for any other
tertiary education credit.
Policy on Research
Ethics.pdf
I have read the University’s Policy of Research Ethics
I have read and understood the PLAGIARISM POWERPOINT FOR UNDER-
GRADUATE STUDIES (available under ADDITIONAL SOURCES on myUnisa)
I have familiarised myself with the library guides ON PLAGIARISM AND ETHICS
offered by Unisa’s library: https://libguides.unisa.ac.za/research-
support/plagiarism
I have read and understood Unisa’s Policy for Copyright Infringement and
Plagiarism, and I am aware that plagiarism is punishable in terms of the
Copyright Act (Act 98 of 1978) and I have read the regulations of the University
of South Africa in this respect, available online:
https://www.unisa.ac.za/static/corporate_web/Content/Apply%20for%20admission/Documents/P
olicy_copyright_infringement_plagiarism_16November2005.pdf
_________________ _____________
INITIALS ONLY DATE
, QUESTION 1
1.1 South African law has six sources of law. Identify these sources and
categorise each source as ‘authoritative’ or ‘persuasive’. (8)
SOURCES OF LAW
AUTHORATIVE PERSUASIVE
1. Statute law/ Legislation 5. Foreign Law
2. Customary Law 6. Textbooks and Law Journals
3. Judgments
4. Old Authorities/ common
law
1.2 Explain the difference between a legal duty and a legal obligation. (2)
The main difference between legal duty and legal obligation is that duty
basically comes from legal or moral needs, while an obligation arises from a
set of norms that focuses on maintaining the order that is assigned to a
person.
QUESTION 2
2.1 Jack informs his friend Rose that he wants to sell one of his old
cellphones, an Apple iPhone 6, for R5,000. Rose indicates that she
would like to buy it and they agree on the price of R5,000. They further
agree to meet at a particular mall on 1 March 2022 at 13:00 to exchange
the money and phone. Halfway through February Rose realises that she
will not have enough money to pay for the cellphone, and she finds a
better phone at a better price. She approaches you for advice and hopes
to cancel the arrangement since, according to her, there was no
consensus reached. Indicate, with specific reference to the
requirements of consensus of a contract, whether the parties concluded
a “valid” or “invalid” contract AND provide a reason for your answer. (8)
2
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