Crowdly

The

existence of an insurable interest is not required.

The insurer undertakes to pay the insured or the beneficiary a fixed sum

of money if the event insured against takes place.

The

insurer undertakes to pay a fixed sum of money at the expiry of a fixed period.

Tshepo

leases his house to Ally for R5,800 per month. The rental includes payment in

respect of water and electricity consumption. The power supply to the house is

cut off because Tshepo did not pay the account in respect of water and

electricity. At the end of the month, Ally refuses to pay the rent. She alleges

that she has suffered damages because all the meat in her freezer was spoiled

when the power supply was cut off.

Which

ONE of the following statements is INCORRECT?

Ally is entitled to claim a reduction in the rent.

Ally

is liable for the rent until she vacates the property.

Tshepo is entitled to summarily sell any movable property in the house

in order to recover the outstanding rent.

Tshepo is liable for the damages suffered by Ally when the meat was

spoiled.

❌✨

Paulus owes money to Paul. The full amount of the debt is secured by a

suretyship contract in which Evert is the surety; and also by a cession to Paul

of Paulus's right to receive payment from Ryan.

Which ONE

of the following statements is

INCORRECT?

Evert

is not entitled to the benefit of division if Paul attempts to recover the

entire debt from him.

Paulus

is not entitled to sue Ryan for the money he owes him in order to pay Paul.

❌✨

Evert

may possibly obtain a right to the money which Ryan owes to Paulus if he

settles the entire debt.

Paulus

may cede to Evert his right to receive payment from Ryan.

from each of the insurers concerned.

Nola

insures her motor vehicle, valued at R40 000, for R40 000 with insurer Abbi,

for

R30,000

with insurer Yuba and for R20,000 with insurer Lulu. R20,000 damage is caused

to the motor vehicle in a collision caused by Pete’s negligence.

Which

ONE of the following statements is CORRECT?

Nola

may choose which insurer she will claim R 20,000 from. That insurer will then

have the right of subrogation against the other insurers.

❌✨

Nola

may recover her total loss pro rata

Nola

may claim R 20,000 from one of the insurers as well as R 20,000 from Pete.

Nola

may claim R 20,000 from Abbi, R 20,000 from Yuba, and R 20,000 from Lulu - in

other words, a total of R 60,000.

Danie wants to enter into a contract of sale with Henco for the

sale of his motorbike to Henco for R20 000.

On which of the following essential characteristics

essentialia

must Danie and Henco agree before the contract can be described

and treated as a contract of sale?

the transfer of ownership and the passing of the risk

the rights and duties of the purchaser and seller

the purchase price and the merx.

the purchase price and the delivery of the merx

Which

ONE

of the following statements

regarding the legal personality of a partnership is

INCORRECT?

In terms of the

Rules of Court, a partnership may sue or be sued in its business name.

A partnership is not a separate legal entity with a

separate legal personality.

For purposes of sequestration, a partnership is treated as an estate

which is separate from those of its members.

The joining of a new partner does not have any effect on an existing

partnership.

Ben

mandates that Mark find and buy him a red 1975 Mercedes-Benz 230 with low

mileage. Marks finds and buys such a vehicle, but decides to buy the trailer, which

was also offered for sale.

Which

ONE of the following statements is CORRECT?

Mark

can claim remuneration for the trailer from Ben.

Mark can claim the

expenses incurred in buying the trailer from Ben.

Mark can claim remuneration for the sourcing and buying of the car from

Ben.

Mark cannot claim anything from Ben because he did what he was not

supposed to do, that is, buying the trailer in addition to the car.

Which ONE

of the following

“transactions” is

NOT

regulated by

the Consumer Protection Act?

a transaction between two or more persons for the

supply of goods or services

a collective agreement

regulated by the Labour Relations Act 66 of 1995

100%

services performed for the direct or indirect benefit

of another

the lease of a house

actio pro
socio
to force him or her to deliver such contribution.

Danie, a farmer who farms on his uncle’s farm, owns one tractor which he

uses every day. Danie wants to borrow R400,000 from Yank Bank in order to buy

some

dairy cows. Yank Bank requires security for the loan in

order to ensure that Danie will repay the loan.

Danie only has the tractor to offer as security for the loan, but he

can’t work on the farm without the tractor.

Which ONE

of the following

forms of security will be

the best

way for Danie to secure his obligations under the loan?

mortgage bond

a notarial bond

a lien

Themba,

Philip, and Sophy want to start a business. They agree that Themba and Philip

will each contribute R50,000, while Sophy will contribute R80,000. They want to

operate their business as a partnership but are unsure about their duties and

rights as partners.

Which

ONE

of the following statements regarding the rights and duties of

partners is

CORRECT?

one of the partners fails to deliver his or her contribution to the partnership

the other partners may use the

Each partner is entitled to share equally in the profits of the

partnership.

Each

partner is entitled to participate in the management of the partnership in

proportion to the contribution he or she made to the partnership.

The

partners may use the assets of the partnership for personal aims.