CLA1501_QUESTIONS_AND_ANSWERS_(1)

CLA1501_QUESTIONS_AND_ANSWERS_(1) - [email protected]

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[email protected] 078 548 0303/ 081 438 7509 / 061 429 0222 CLA1501 QUESTIONS AND ANSWERS QUESTION 1 Which ONE of the following is NOT an authoritative source of South African law? 1. Statute law 2. Customary law 3. The old authorities 4. Judgments of the superior courts 5. Foreign law Correct answer Explanation 5 is the CORRECT answer. Foreign Law is NOT an authoritative source of South African Law. It has persuasive authority only. QUESTION 2 Which ONE of the following is NOT a requirement for a customary rule to be recognised as a legal rule? 1. It must have existed for a long time and be reasonable. 2. It must be generally recognised and observed by the community. 3. The contents thereof must be certain and clear. 4. It must have been reduced to writing. 4 is the CORRECT answer. Explanation 4 is the CORRECT answer. It is NOT a requirement that a customary rule must have been reduced to writing for it to be recognised as a legal rule. QUESTION 3 Solomon works on a Welkom goldmine. Before leaving his home in Limpopo he asked his nephew, Bheki, to look after his cattle during his absence and gave him permission to use the cattle. Everyone in their village now considers the cattle to be Bheki’s as Solomon has been gone for so long. Bheki uses the dung of the cattle to fertilise his fields and he sells and consumes their milk. Which ONE of the following statements is CORRECT under the circumstances? 1. Bheki is the usufructuary of the cattle. 1 is the CORRECT answer. 2. Bheki is the holder of a praedial servitude in the cattle. 3. Bheki is the pledgee of the cattle. 4. Bheki is the mortgagee of the cattle. 5. Bheki is the owner of the cattle through prescription. Explanation 1 is the CORRECT answer. Bheki has been granted the right to use the cattle in his personal capacity. The cattle are movable. Solomon remains the owner. 1 [email protected] 081 438 7509 /061 429 0222
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[email protected] 078 548 0303/ 081 438 7509 / 061 429 0222 QUESTION 4 Freddie gets involved in an argument with a man in a sports bar one Friday evening, on the merits of a certain rugby team. The argument gets heated, Freddie loses his temper and assaults the other man, to the extent that the man loses consciousness. Freddie decides to go home. On his arrival, he finds his two year old son seriously ill. Still upset from the incident at the pub, he rushes to take the child to the emergency ward of the local hospital. On his way there he is caught driving 140 km/h in a 80 km/h zone. He is summoned to appear in court on a charge of contravening the traffic regulations. On which ONE of the following grounds of justification can Freddie rely? 1. Necessity 1 is the CORRECT answer . 2. Provocation 3. Self-defence 4. Consent Explanation 1 is the CORRECT answer. Necessity exists when a person is through external forces placed in such a position that the person’s legitimate interests can only be protected through a reasonable infringement of the rights of another. Here, Freddie protected his interest (his sick child) by violating the law.
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