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Zara and Theo enter into an agreement in terms of which Zara will acquire a vintage Porsche 911 vehicle from Theo in exchange for R5 000,000.
This is an example of _____________?
A court’s decision that a particular custom is valid merely recognises the custom as being law and does not give the custom any greater force than it had before.
Mary saw an advertisement on Gumtree posted by Susan. Susan offered a motorbike for sale. Mary contacted Susan indicating that she is interested in purchasing the motorbike. They agree to meet at Menlyn Mall in order to conclude the deal. While having coffee at Wimpy, Mary offers to pay Susan R7, 000 for the motorbike, and for Susan to hand over the motorbike to Mary immediately upon payment. They agree the same afternoon to conclude the deal and for Susan to deliver the motorbike to Mary at 16:00. Mary fails to show up at 16:00. When Susan phones her, Mary says that she found another motorbike for a cheaper price and that she no longer wishes to purchase the motorbike from Susan. Mary approaches you for advice.
Which ONE of the following statements is CORRECT?
Alinor is a coastal town situated on a high bay. Dolphins migrate to Alinor Bay annually to breed. This natural phenomenon has become a major tourist attraction. During the breeding season the dolphins are very sensitive to light and sound. The Alinor community has always taken care to keep the noise level down in the bay area during the breeding season. Davy decides to open a karaoke club in the town. The community wants to close down the karaoke club because they are afraid that the pulsating music and flickering lights will discourage the dolphins from migrating to Alinor Bay to breed. Davy avers that there is no legislation which restricts noisy business activities in the Alinor Bay area.
Consider the following:
The court will acknowledge the validity of the Alinor community's customs if the community can, amongst other things, prove that the prohibition on noise __________.
A has existed for a long time.
B has been put in writing.
C will encourage the breeding of dolphins.
D is certain and clear.
Which of the above are CORRECT?
How can a presiding officer avoid the binding force of a ratio decidendi from an earlier case?
Which ONE of the following sources will a South African lawyer consult on Roman law?
South African Law is derived from several sources, some of which are authoritative, while others are compulsory.
Mpho is interested in purchasing Thandi's MacBook laptop. They come to an arrangement where Mpho can borrow the MacBook, but Thandi mistakenly believes that Mpho is leasing the MacBook from her.
Which ONE of the following statements is CORRECT?
The direct and indirect influence of English Law in South Africa was encouraged, and English Law was often directly drawn on for new customary law.