BCOM HRM Y2 - Com Law - June 2019

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JUNE 2019 MAIN EXAMINATION

MODULE:
COMMERCIAL LAW

PROGRAMME:
BACHELOR OF COMMERCE IN HUMAN RESOURCE
MANAGEMENT

DATE: 11 June 2019 TIME: 09h00-11h00


DURATION: 2 hours MARKS: 100
EXAMINER: F Lockhat MODERATOR: O M Seedat

INSTRUCTIONS TO CANDIDATES:
1. Candidates are required to answer ALL questions.
2. This is a closed book examination.
3. No written material may be brought into the examination room.
4. Write legibly and neatly.
5. Do not turn over this page until permitted by the Invigilator.

This question paper consists of one (1) typed page excluding the cover page
QUESTION ONE [21]
1.1. List the six (6) sources of law in South Africa. (6)
1.2. Explain the position of the Constitution of South Africa as a source of Law. (4)
1.3 List the four (4) criteria that must be met in order for custom to be considered as law. (4)
1.4 In which arm of government are the powers of the state recognised? (3)
1.5 Set out the hierarchy of the courts in accordance with Section 166 of the Constitution. (4)

QUESTION TWO [43]


2.1. Discuss the position of the Companies Act in relation to the two types of recognised
companies. (25)
2.2. Discuss the characteristics of both Real and Personal Rights. (18)

QUESTION THREE [36]


3.1 A contract will only come into existence if consensus is reached between the parties on
the rights and duties of the agreement. Consensus may be defined as an understanding
between the parties that serious and binding legal relations will result from the agreement.
The offer to the contract, and to be bound by the contract, must be firm and not a tentative
statement of willingness to do business. Explain Offer & acceptance in consensus. (15)
3.2. Discuss the distinction between mistake and misrepresentation in a valid contract. (21)

END OF QUESTION PAPER

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