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HFL1501 Historical Foundations of Law

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Identify whether the following statement is true or false:

A horse is an example of an immovable thing.

Select one:

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Identify whether the following statement is true or false:

For a valid contract of purchase and sale to be concluded, the seller must be the owner of the object of sale.

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Which one of the following statements gives the most correct description of Roman- Dutch law in a broad sense?

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Section 39(2) of the Constitution of the Republic of South Africa, 1996 states:

“When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.”

Study this provision carefully and read through Part 1 of your Study Guide. Remember that “customary law” here refers to indigenous African law. Keeping in mind what you have learned in this module so far, which one of the following interpretations is an incorrect interpretation of section 39(2)?

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Read the scenario and then choose your answer from one of the available options below: 

During the reign of Justinian, Cassius and Brutus concluded a contract of purchase and sale in terms of which Cassius sold six oxen, two ploughs and a wagon to Brutus. After paying the purchase price and receiving the agreed-upon goods, Brutus discovered that the animals were suffering from a lung disease that would cut short their lives and render them unfit for work and breeding purposes. To make matters worse, Stichus turned up at Brutus’s house and reclaimed the implements that Cassius had sold to Brutus, saying that they were his (Stichus’s) property. Stichus then claimed his implements from Brutus with the rei vindicatio

Was a valid contract of sale concluded between Cassius and Brutus?

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Which one of the following is not an example of a corporeal thing?

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Read the scenario and then choose your answer from one of the available options below:

Neo agrees to lease his trailer to Lily for the first week of December 2024. 

Which best describes the type of contractual clause included in the contract?

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Which one of the following statements regarding ownership is not correct?

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Which one of the following statements regarding the nature of performance in terms of a contract is not correct?

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Read the scenario and then choose your answer from one of the available options below: 

Jason sells Thandi his red Aprilia motorcycle, of which the odometer indicates 30 000 km. In reality, the bike has 150 000 km on the clock, but Jason has deliberately turned back the odometer so that it looks as if the bike has only travelled 30 000 km. 

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