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between Rose and Sandra is dependent on the occurrence of a specified uncertain future event. The term is therefore a condition. A time clause or condition is resolutive if the obligations flowing from the contract will only have effect until the future event occurs: an uncertain event in the case of a condition; and a certain event in the case of atime clause. Because the contract of lease will only have effect until Rose buys her own house (if she ever does), and will terminate if she does, the condition is resolutive.QUESTION 104Clarence wants to purchase a stand from June only if the beach is visible from the stand.June is not sure whether the beach is visible from the stand. They agree that Clarence will purchase the stand if the beach is visible from the stand.What is such a contractual term called?1.a warranty2.a condition3.a modus4.a supposition 4 is the CORRECT answer.Explanation4 is the CORRECT answer. This is a supposition because the existence of the contract is dependent on a state of affairs which exists at the time that the contract is concluded, although neither party is certain what the state of affairs is at the time of the conclusion of the contract.
QUESTION 105Thabo and Tshepo conclude a written contract of loan. When they initially discussed the contract, the idea was that the loan would be repayable only after three years. However, the written document expressly provides for immediate repayment of the loan if Thabo requests it. Assuming that Thabo will not invoke this term, Tshepo signs the contract. Two months later, Thabo calls up the loan with immediate effect.Which ONE of the following statements reflects the CORRECT legal position?1.Tshepo is entitled to apply for the rectification of the written contract.2.Thabo has committed breach of contract by calling up the loan and Tshepo can claim damages.3.Tshepo can rely on the oral agreement between herself and Thabo and can refuse to repay the loan immediately.4.The integration rule (parol evidence rule) prevents Tshepo from relying on the oralagreement and she is obliged to repay the loan immediately. 4 is the CORRECT answer.Explanation4 is the CORRECT answer. In terms of the integration rule (parol evidence rule), the written document is the only record of the agreement. The document containing the parties’ agreement stands as the only evidence of the terms of their contract. The effect of this rule is that once a contract has been recorded in writing, a contracting party will not be allowed to submit evidence that the real agreement was different from what was recorded in writing. Therefore Tshepo may not rely on the oral agreement between herself and Thabo, and she is obliged to perform in accordance with the written document. Tshepo is obliged to repay the loan immediately.
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Correct Answer, following statements, Johnny, Shine Car Fixtures