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Summary Cla1503 assignment 2 commercial law I
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Assignment 2 commercial law CLA1503 100 pass guarantee..
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UNISA 2024 CLA1503-24-S1 Welcome Message Assessment 2QUIZ
Started on Saturday, 13 April 2024, 11:53 AM
State Finished
Completed on Saturday, 13 April 2024, 11:54 AM
Time taken 1 min 23 secs
Marks 10.00/10.00
Grade 100.00 out of 100.00
Question 1
Penny owes Mandla R 20 000 in respect of several debts. Penny pays Mandla an amount of R10 000
Correct
but does not stipulate which debt/s he is actually paying.
Mark 1.00 out of
1.00 Which ONE of the following principles will apply in this case?
1. Capital is paid before interest.
2.
Onerous debts do not have preference over non-onerous debts.
3. Old debts do not have preference over new debts.
4. Due debts are paid before debts which have not yet fallen due.
Your answer is correct.
FEEDBACK
(Chapter 12: Transfer)
4 is CORRECT. This principle will apply in this case. If the debtor fails to make an allocation when he
or she owes a creditor money in respect of several debts, due debts will be paid before debts not yet
fallen due. It is very important to note that this is a general principle and can be altered by the
parties by way of agreement.
1 is INCORRECT. Capital is not paid before interest. The general principle is that interest is paid before
capital in the absence of an agreement to the contrary.
2 is INCORRECT. Onerous debts enjoy preference over non-onerous debts if the debtor fails to make
an allocation where he or she owes the creditor money in respect of several debts. This principle can
also be altered by the parties by way of agreement.
3 is INCORRECT. Old debts will have preference over new debts where a debtor fails to make an
allocation where he or she owes a creditor money in respect of several debts. This principle can also
be altered by the parties by way of agreement.
The correct answer is:
Due debts are paid before debts which have not yet fallen due.
, Question 2
Hein and Walter enter into an agreement in terms of which Walter will use Hein's van for a period of
Correct
one month to deliver milk to his customers as he has started a dairy. After a period of two weeks
Mark 1.00 out of
Walter realises the importance of having his own van and makes an offer to buy Hein's van. They
1.00
agree on terms of payment and Walter buys the van.
Which ONE of the following forms of delivery has taken place?
1. Delivery with the long hand.
2. Symbolic delivery.
3. Delivery with the short hand.
4. No delivery took place.
Your answer is correct.
FEEDBACK
(Chapter 13: The Law of Sale)
3 is CORRECT. The purchaser (Walter) was already in possession of the merx (van) but not as the
owner. Walter became the owner of the van only after he had bought it from Hein. In this case it was
not necessary for Walter to first return the van to the seller (Hein) merely to enable him to physically
hand it back to him. Delivery with the short hand has taken place.
1 is INCORRECT. Delivery with the long hand entails the pointing out of the merx and making it
available to the purchaser. It is used where the thing is too large or heavy to be handed over
physically. Even though a van is big its delivery is not made in the form of delivery with the long hand
but it is made by symbolic delivery, that is, handing over the keys to the purchaser to enable him or
her to obtain control of the van. However, in this instance Walter already had possession of the keys
and control of the van.
2 is INCORRECT. It is correct that large objects are delivered by the mere handing over of, for example,
the keys to the purchaser to enable him or her to obtain control of the thing, but in this case the
purchaser (Walter) already had possession of the keys and control of the van.
4 is INCORRECT. Although there was no physical delivery of the van, there was indeed delivery with
short hand. The purchaser (Walter) was already in possession of the merx (van) but not as the owner.
Walter became the owner of the van only after he had brought it from Hein. In this case it was not
necessary for Walter to first return the van to the seller (Hein) merely to enable him to physically hand
it back to him.
The correct answer is:
Delivery with the short hand.
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