Mercantile Law N4 — Document
June 2021 — N4 — Mercantile Law
N4
2021
Nated Business
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Q1— Section header —
1.1Various options are given as possible answers to the following questions. Choose the answer and write only the letter (A D\ next to the question number (1.1.1
1.1.10\n the ANSWER BOOK.
1.1.1Which ONE of the following is not a requirement for misrepresentation? There must be an untrue statement.
1.1.2Spoliation means goods must be weighed to determine the
1.1.3Which ONE of the following scenarios is an example of an unlawful credit agreement?
1.1.4Customs refer to writing of the old authorities on common law.
1.1.5Restraint of rade
1.1.6Dut of a landlord: To inspect the property at any time To pay the rent
1.1.7The makes provision for training and skills development. regulates protection against unfair discrimination. deals with aspects regarding
1.1.8Alley buys a chain from Jay, thinking it is a nine carat gold chain, while Jay is selling a gold plated chain to Alley
1.1.9Zoe is selling cattle and points out the cattle to Peter who is buyin it
1.1.10Logan sells his printing store which he believes to be profitable Innocent misrepresentation Fraudulent misrepresentation Negligent misrepresentatio
1.2Choose the correct term from those in brackets. Write only the answer next to the question number (1.2.1
1.2.15\n the ANSWER BOOK.
1.2.1atural/ uristic\person obtain legal entity by means of legal operation.
1.2.2(Mistake/Misrepresentation\ means there is a consensus but a defect in the consensus
1.2.3Mora (debitoris/creditoris\refers to the failure of the debtor to perform on time.
1.2.4Whe goods are removed from a debtor by means of a court order it is known as sale in execution/of auction\
1.2.5(Voluntary/Involuntary\ debt rearrangements means a consumer can apply in person to be declared over indebted.
1.2.6Goods brought onto and carried into leased property is known as colonus partiarius /invecta et illata\
1.2.7An independent contractor is also known as locatio conductio (operarum/operis\
1.2.8(Administrativ /Mercantile\ Law forms part of ublic aw.
1.2.9(Public/Privat Law regulates the relationship between individuals on an equal footing.
1.2.10(Mentally ill persons /Minors\ ha ve no contractual capacity.
1.2.11(Merx/Pretium\ refers to a certain article.
1.2.12okvel/ mall agreement\is voluntary association involving rotating
1.2.13The enant/ andlord\is allowed to sublet unless prohibited by the contract of lease.
1.2.14andatory/ rohibitive\interdict can be used to pay an employee any outstanding amounts owed to him
1.2.15
1.3Choose an item from COLUMN B that matches a term in COLUMN A. Write only the letter (A E\ next to the question number (1.3.1
1.3.5\in the ANSWER BOOK. COLUMN A COLUMN B
1.3.5Pretium Statutory ights Bona id Family Law
Q2— Section header —
2.1List FIVE requirements for an offer to be valid. (5\
2.2Tony leased his flat to Pepper for a year. Pepper has not paid her rent for the past two months. Tony has heard of a acit hypothec but only knows that it is a remedy available at the disposal of the landlord where the lessee is in breach.
2.3State in each of the following cases whether a valid contract came into existence and substantiate the answer.
2.3.1Harry enters into a contract with William for the sale of cocaine.
2.3.2Alex, 15 years old enters into a gym contract with Fitness is the Future.
2.3.3
2.4
2.5Define each of the following types of delivery and give an example of each
2.5.1Symbolic delivery
2.5.2Traditio onga manu
2.5.3Traditio brevi manu
2.5.4
2.6List 10 pieces of information that must be disclosed in the case of small, intermediate and large credit agreements. (10\
2.7Give the essentialia of a contract of sale. (1 [50]50
Q3— Section header —
3.1Differentiate between void contracts and voidable contracts + 5
3.2Study each of the following case studies regarding the Basic Conditions of Employment Act 75 of 1997 and answer the questions 3. .1 Peggy is employed at ABC
3.10\in the ANSWER BOOK. 3. .1 Cession is done with the consent of all parties involved. 3. .2
Q4— Section header —
4.1Lindy owns a dog named Justice that went missing after she had forgotten to lock the gate. Lindy places the following advertisement in the Weekly Times Missing
4.1.1Is an advertisement a valid offer? Substantiate the answer. (4\
4.1.2Suppose Ben returns the dog to Lindy without knowing about the advertisement ould he be entitled to this reward? Substantiate the answer. (4\
4.2
4.3Indicate in each of the following cases the type of misrepresentation and briefly define each.
4.3.1Siya sells an article and is completely under the impression that it is a new article.
4.3.2Nicky sells a second hand article as new, knowing that it is not the case.
4.3.3
4.4
4.5Give THREE essentialia of a contract of sale. (3\
4.6List FOUR duties of an employer. (4\
4.7
4.8Name THREE types of things that cannot be sold. (3\ [50] (13030094 1050
Q5— Section header —
5.1
5.2Indicate whether the following statements are TRUE or FALSE by writing only 'True' or 'False' next to the question number (5.2.1
5.2.10\in the ANSWER BOOK.
5.2.1A lessee may have the necessary repairs done and then claim the costs from the landlord, but only with the consent of the landlord.
5.2.2credit bureau does not need to be registered.
5.2.3Sale res fungible occurs wh en items must be counted and separated first before the contract can be perfect.
5.2.4Debts owed to the tate arising from the sale or lease of land prescribe after 30 years.
5.2.5Suretyship agreements must be written and signed by or on behalf of the parties.
5.2.6A contract is perfect when the price is determined and the contract is unconditional.
5.2.7A tenant can only be evicted in terms of an order of court.
5.2.8An employee is not obliged to sign a code of conduct.
5.2.9Credit transactions are regarded as credit agreements.
5.2.10
5.3Discuss whether an option is a valid contract. (5\
5.4
5.5
5.6List THREE instances where a written agreement is required with regard to a contract of sale. (3\
5.750
Topics Identified
2
Forms of OwnershipBusiness Plan
Mark Allocation
Total200 marks
Sections50 + 50 + 50 + 50 + 50 = 250 marks
Key Information
Contact Number041
452
6082
Paper information
TitleDocument
SubjectMercantile Law
LevelN4
Document typeQuestion paper
Year2021
MonthJune
Pages10
Downloads3
Examination context
Decade2020s
Years ago5y
SeasonWinter (SH)
Start dayTuesday
Exam periodJune 2021
Days since exam1,957
About Mercantile Law examination preparation
This TVET examination resource can be used as part of a structured revision programme. Past papers are most useful when learners attempt questions independently, work within a realistic time limit, and review their answers afterwards.
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For stronger examination practice, complete the paper without unnecessary interruptions and keep track of the questions that take the most time. Afterwards, review the memorandum and separate knowledge gaps from mistakes caused by interpretation, calculation, structure, or examination technique.
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A practical revision approach
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