Legal Practice N6 — Document
June 2021 — N6 — Legal Practice
N6
2021
Nated Business
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Q1— Section header —
1.10\n the ANSWER BOOK.
1.1An example of a personal servitude is a usufruct.
1.2counteroffer terminates an original offer.
1.3A marriage out of community of property is regulated by the common law.
1.4A real right is enforceable against the whole world, for example, ownership.
1.5A minor can enter into a contract unassisted and let it be ratified.
1.6The remedy for a faulty air con ditioning system is the actio quanti minoris.
1.7The right of occupation and the right of ownership are the same thing.
1.8A transfer deed is proof of ownership transferred to the new buyer.
1.9Credit agreements must comply with certain form alities.
1.10The credit grantor is the seller, but can also be a financial institution. (10 1\ [10]10
Q2— Section header —
2.5\in the ANSWER BOOK.
2.1Domicilium citande et executandi indicates that a contract has been signed. the address where the contract has been signed. the address where a party is prepared to accept legal do cuments.
2.2An example of a personal servitude: Right of way Right of usufruct Right of pasture Right to lay on water
2.3This person has no contractual capacity: A minor older than se ven years A prodigal A pupillus
2.4Delegation means the transfer of duties to a third party. rights to a third party. rights and duties to a third party. property to a buyer.
2.5Examples of voidable contracts. Ch oose the incorrect one.
3.10\n the ANSWER BOOK. COLUMN A COLUMN B
3.10Caveat subscrip tor Credit grantor Credit receiver Personal servitude Voidable contract Void contract Restitution Notary
Q4— Section header —
4.1Deed of transfer
4.2The bondholder
4.3Par delictum rule
4.4Incidentalia of a contract .5 Iusta causa (5 2\ [10] TOTAL SECTION A:10
Q5— Section header —
5.1Briefly discuss the dual purpose of the title deed. (2 2\ (4\
5.2The Deeds Act determines that the drafting of a concept title deed must comply with certain prescribed conditions Briefly discuss any FIVE such prescriptions. (5 2\ (10\
5.3There are definite cla uses in the title deed. Briefly define each of the following by giving a practical example of each.
5.3.1The preamb le
5.3.2The property clause
5.3.3The heading
5.3.4The consideration clause
5.3.5The extending clause (5 2\ (10\ 13030126
5.4Transfer duty needs to be paid. Suppose the property is sold for R2,7 million Make use of the following table to calculate the transfer costs. Show all your calculations. VALUE OF PROPERTY (Rand\ RATE
Q6— Section header —
6.1What kind of transaction is this? (1\
6.2Who is the credit grantor? (1\
6.3According to the outdated Credit Agreement Act, meanwhile replaced by the National Credit Act, the consume r has the cooling off period at his or her disposal. Briefly discuss this. (5 2\
6.4With which formality must this type of transaction comply? (1\
6.5Briefl y discuss the THREE essentialia of a contract of sale, which would also be applicable to this contract. (3 2\ (6\
6.6Define a suspensive condition. (1\
6.7The passing of the r isk rule is a naturalia of a contract of sale.
6.7.1What is meant by the passing of the risk rule? (2\
6.7.2List FOUR circumstances under which the risk will not pass. (4 2\ (8\ [30] 1303012630
Q7— Section header —
7.1DEED OF SALE We, (full names\ Of domicilium Hereby make an offer to buy from according to the followi ng terms and conditions
7.1.1(a\ (b\ (c\ (d\ and (e\ (f\ (g\ (h\
7.1.2What is the function of a power of attorney document which needs to be c ompleted where land is sold? (2\
7.1.3Suppose that a mortgage bond needs to be registered for this property. List the THREE simultaneous transactions that will take place with this registration. (3\
7.1.4List the THREE minimum requirements for a bond to be registered. (3\
7.2The services of a notary are used where important documents like cession of mineral rights contracts must be drawn up. Notaries also assist in compiling personal and land servitudes.
7.2.1Explain the meaning of cession (2\
7.2.2What is meant by the cession of mineral rights (2\
7.2.3List the FIVE elements that must appear in a notarial cession of mineral rights. (5\
7.2.4Give ONE example of a personal servitude. (1\ [30] 13030126 1030
8.1List any FIVE essentialia with which a contract must comply in general. (5\
8.2Suppose Jo Anne tells Ameli that the car has never been an accident, which is untrue
8.2.1Identify the legal principle for which Jo Anne will be liable. (2\
8.2.2Briefly discuss the FIVE elements that the other party needs to prove to hold Jo Anne liable on the legal ground mentioned in
Q8— Section header —
8.3List any FIVE ways in which an offer can be terminated. (5\
8.4Suppose Jo Anne sold a car to Tyron. Tyron later discovered that the roof of the car was leaking.
8.4.1What kind of defect is this? (2\
8.4.2Discuss the remedy at Tyro n' s disposal. (3 2\ (6\ [30]30
Q9— Section header —
9.1A mi stake renders a contract void. With regard to this statement answer the following questions.
9.1.1Briefly define a mistake. (2\
9.1.2Did the parties reach consensus? Mot ivate your answer. (2\
9.1.3Give TWO examples of mistakes that will not render a contract void. (2\
9.1.4Give ONE example of each of the following types of mistakes: (a\ (b\ Error in negotio Error in corpore (2 2\ (4\
9.2Discuss supervening impossibility of performance. (5 2\ (10\
9.3Discuss any FIVE particulars that must appear on a ower of attorney to pass transfer. (5 2\ (10\ [30]30
Q10— Section header —
10.15\n the ANSWER BOOK delegation; assignment; unde rhand document; antenuptial contract; mining rights; capital gains tax;
10.1A person who borrow money from a financial institution to finance immovable property.
10.2Transfer of obligations from one person to another.
10.3Mineral rights and servitudes.
10.4A requirement for a contract out of community of pr operty.
10.5An example of this is the warrant against a latent defect.
10.6An example of this is that a contract must be legal.
10.7Payable on the profit a seller makes when a property is disposed of, and not on the entire value of the prope rty.
10.8The kind of delivery where the seller keeps the goods on behalf of the buyer, for example, to do alterations.
10.9This is a valid contract until application is made to set it aside.
10.10This concept is applicable where the written version is not the same as the oral agreement.
10.11A document drafted by a notary, and that can only be signed by the parties referred to in the document.
10.12The right of occupation and the duty to pay is transferred to someone else, for xample, in a contract of lease.
10.13Consent is given afterwards.
10.14A misunderstanding.
10.15No rights and obligations flow from this. (15 2\ [30] TOTAL SECTION B: GRAND TOTAL: 150 20030
Topics Identified
2
Business FunctionsBusiness Plan
Mark Allocation
Total150 marks
Sections10 + 10 + 20 + 10 + 30 + 30 + 30 + 30 + 30 + 30 = 230 marks
Paper information
TitleDocument
SubjectLegal Practice
LevelN6
Document typeQuestion paper
Year2021
MonthJune
Pages11
Downloads6
Examination context
Decade2020s
Years ago5y
SeasonWinter (SH)
Start dayTuesday
Exam periodJune 2021
Days since exam1,958
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