Legal Practice N6 — Document
November 2019 — N6 — Legal Practice
N6
2019
Nated Business
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Q1— Section header —
1.10\in the ANSWER BOOK.
1.1Misrepresentation renders a contract void.
1.2Al l immovable properties must be registered in the eeds ffice.
1.3A suspensive condition means that the consequences of a contract take immediate effect.
1.4A marriage is presumed to be out of community of property if there is no antenuptial cont ract.
1.5The creditor is the bondholder whe immovable property is sold.
1.6An offer is terminated when a counteroffer is made.
1.7Duress renders a contract voidable.
1.8Reference is also made to the article as the merx in a contract of sale.
1.9An insane person has no contractual capacity.
1.10Cession of mineral rights occurs by means of a notarial deed of cession which is registered in the eeds ffice. (10 1\
Q2— Section header —
2.5\in the ANSWER BOOK.
2.1one party provid ing false information but do ng
2.2An example of a personal servitude: Right of way Right to lay on water Usage Right to lay on electri
2.3Which ONE of the following is NOT a requirement for all contracts? Serious intention to be contractually bound Lawfulness Consensus Formalities
2.4ustus error. usta causa. error juris.
2.5Choose the INCORRECT answer: The requirements for a contract of sale include an agreement between the buyer and the seller.
Q3— Section header —
3.10\in the ANSWER BOOK. COLUMN A COLUMN B
3.10Ratification Rectification A void contract A voidable contract Mortgagor Mortgagee Limited contractual capacity Cession Delegation
Q4— Section header —
4.5n the ANSWER BOOK.
4.1An attorney with special skills who deal with the transfer of property
4.2A limited real right that one person has over another person's property
4.3The final document that transfers ownership of immovable property fro m the seller to the buyer
4.4Tax payable on the profit a seller makes when a property is disposed of
4.5A form of taxation claimed by the State in terms of certain notarial deeds (5 2\ [10] TOTAL SECTION A: 50 1303012610
Q5— Section header —
5.1Define a contract of sale as mentioned in step 1. (4 2\ (8\
5.2Name the TWO parties to a mor tgage bond and briefly define each. (2 2\ (4\
5.3Mortgage bonds also involve additional costs. List THREE additional costs that a buyer will incur when buying property. (3\
5.4Give an example of a suspensive condition as mentioned i n step that may be included in
5.5Name the TWO formalities with which a contract of sale for immoveable property must comply. (2\
5.6List FOUR transfer documents which need to be prepared by a conveyancer. (4\
5.7The buyer first needs to sign a purchase agreement before a valuator will be sent out to determine the value of the property for a mortgage bond. List the FIVE requirements for such a purchase agre ement.
Q6— Section header —
6.1Study the following title document and identify clauses 6.1.1 to
6.1.5BE IT HEREBY MADE KNOWN THAT SONGEZO MTWYE Appear ed before me, REGISTRAR OF DEEDS at CAPE TOWN, the said Appearer being authori ed thereto by a Power of Attorney signed at SUTHERLAND on the
6.1.1The extension clause
6.1.2The property clause 13030126 Copyright reserved Please turn over
6.1.3The preamble
6.1.4The consider ation clause
6.1.5The causa (5 1\ (5\
Q6— Section header —
6.2.1Who is the buyer of the property? (1\
6.2.2Who is the seller of the property? (1\
6.2.3When did the buyer become the registered owner of this property? (1\
6.2.4Who appeared in front of the egistrar on behalf of the seller? (1\
6.2.5Use the following table to c alculate the transfer cost of this property. Show ALL calculations. VALUE OF PROPERTY (Rand\ RATE 750 000
6.3The above property has been sold. Complete the attached 'Power of Attorney to Transfer' (ADDENDUM B\by using the information in the HOLDING DEED
Q6— Section header —
Q7— Section header —
7.1Read the following scenario and answer the questions Jonell sells her car to Zandile. Zandile pays a deposit of R30 000 and undertakes to pay five more instalments of R3 000 each.
7.1.1What kind of transaction is this? (1\
7.1.2A resolutive condition is i ncluded in this contract. Briefly explain what resolutive condition is. (2\ 13030126
7.1.3The contra ct of sale was signed at Jonell's home. Zandile therefore has the cooling off period at her disposal. Discuss what is meant by cooling
7.1.4Suppose Zandile discovers the following defects: wiper is broken and the air conditioner is
7.1.5What does a voetstoots sale mean? (1\
7.2All sold goods cannot be handed over 'de manu in manum' (from hand to hand\ Identify the form of constructive delivery in each of the following cases
7.2.1Jonell hands over the keys of the car to Zandile.
7.2.2Helen bought a matric farewell dress from B & B Designers but left it with the company for small alterations to be done.
7.2.3Princess got married to Landiwe. Princess's father pointed out the cattle to be paid as lobola. (3 2\ (6\
7.3Read the following scenario and answer the questions Suzanne buys a car from AB Dealers in Cape Town on 18 May. Three days later
7.3.1Must Suzanne hand over the car to Constable Zoutman immediately? Supstantiate your answer. (2\
7.3.2Whic h warrant given by the seller would have protect ed Suzanne in
7.3.3What is meant by vacuo possessio (1\ [30] 1303012630
Q8— Section header —
8.1Zhandre is seventeen years old. He has a full time job, earns R12 000 per month and occupies a flat. He rents an office in a shopping complex from where he runs his business. Although still a minor, he will be bound by this
8.2Zonique sold dagga to Jeneve and handed it over to her. Jeneve now refuses to pay for it.
8.3Hani is at an auction. He bid on an antique display cupboard with cups and saucers on display. He thinks that he is
8.4An estate agent sells a house next to an open piece of land. The buyer ask her more than once what the land has been zoned for and she ensure
8.5Richard was held at gunpoint to force him to sign a contract of sale.
8.6Melanie was retrench ed at a liquor company and informed that she would not be allowed to work for a similar kind of company within a radius of 40 kilometres.
8.7Because a hailstorm has destroyed the vineyard the employer does not need seasonal
8.8Let him who signs beware.
8.9The identities of the contracting parties are mistaken as they are identical twins.
8.10By this remedy money can be claimed for financial losses suffered.
8.11This term is used t o indicate which court will have the right to make a decision in case of a dispute.
8.12This clause indicates the amount the mortgagor must pay back.
8.13This document can be drafted by a notary and can only be signed by the parties referred to in the document.
8.14This declaration is made by a person of his or her intention to conclude a contract.
8.15The theory applicable to contracts per post. (15 2\ [30] 1303012630
Q9— Section header —
9.1Read the following statement and answer the questions Couples can decide on how they want to be married. This is indeed a very important decision
9.1.1riefly discuss what it means to get married out of community of property with the accrual system. (2 2\ (4\
9.1.2Name the other TWO ways in which couples can get married. (2\
9.1.3List THREE advan tages of getting married out of community of property with the accrual system. (3\
9.1.4Use the following information to calculate the accrual HUSBAND WIFE Assets upon marriage R350 000 R210 000 Assets upon divorce R1
9.2Refer to ADDENDUM A and answer the questions
9.2.1In step the conveyancer appears at the eeds ffice to register the deed.
9.2.2Reference is made in step 5 to certain compliance certificates to be provided by the seller. List FOUR such certificates. (4\
9.2.3Suppose this property w as sold under sectional title. List EIGHT duties of the body corporate. (8\ [30] 1303012630
Q10— Section header —
10.1The outdated Credit Agreement Act has been replaced by the National Credit Act. There are some similarities, but also vast differences. In b oth a credit agreement
10.2Do you understand who is a minor, whether you can enter into a contract with a minor and what the legal consequences will be? Answer the fo llowing questions to make sure that you do understand the situation when entering in
10.2.1Define the term minor. (3\
10.2.2What is the general rule that will be applied whe a minor concludes a contract with out assistance? (2\
10.2.3In some cases a minor can enter in to a contract unassisted. Two such cases are where ratification takes place or where the minor is emancipated. Briefly discuss what is meant by
10.2.4On which grounds will a minor be held liable whe he or she lied about his or her age? (1\
10.3List FIVE examples of notarial documents. (5\
10.4List FIVE pieces of information that will be found in a prospecting contract. (5 [30] TOTAL SECTION B: GRAND TOTAL: 15030
Q6— Section header —
Topics Identified
2
Forms of OwnershipBusiness Plan
Mark Allocation
Total150 marks
Sections10 + 10 + 20 + 10 + 30 + 30 + 30 + 30 + 30 + 30 = 230 marks
Key Information
Contact Number0714003508
Paper information
TitleDocument
SubjectLegal Practice
LevelN6
Document typeQuestion paper
Year2019
MonthNovember
Pages15
Downloads3
Examination context
Decade2010s
Years ago7y
SeasonSpring (SH)
Start dayFriday
Exam periodNovember 2019
Days since exam2,537
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