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claw.myexams.unisa.ac.za
HFL1501-25-EX06

HFL1501-25-EX06

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In which case did the court state that the Freedom Charter “embodied principles for which those who took part in the liberation struggle fought and suffered”?

S v Makwanyane 1995 (6) BCLR 665 (CC)

Harris v Minister of the Interior 1952 (2) SA 428 (A)

African National Congress v Congress of the People and others [2008] ZAGPHC 411

Dikoko v Makhatla 2006 (6) SA 235 (CC)

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Which one of the following statements regarding the transfer of ownership is correct?

Ownership of a thing can be passed to another person by the bona fide possessor of the thing.

Agreement in the case of the transfer of ownership from a willing transferor to a willing transferee is sufficient to transfer ownership in that thing to the transferee.

The transfer of possession from one person to another is sufficient to transfer ownership in that thing to the recipient.

To transfer ownership in a thing between parties, there has to be a valid legal reason (or iusta causa) for the transfer of ownership.

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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.

Which one of the following options best describes the factor potentially influencing consensus in this scenario?

Fraud

100%

Mistake regarding the nature of the legal act

Mistake regarding the object of the contract

Duress

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Which one of the following statements regarding the development of the delictual element of damage, as it related to the delict of damage to property, is not correct?

Damnum emergens was the damage that followed naturally from the wrongdoer’s actions.

67%

It became possible to claim for damage to a free person’s body.

33%

Later developments of the law allowed slaves to claim damages for injuries to their bodies.

Lucrum cessans was the loss of income suffered by the victim as a result of the wrongdoer’s actions.

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Consider the views of Prof Karl Klare, Justice Pius Langa and Justice Dikgang Moseneke and identify the statement below that best captures how transformative constitutionalism should be understood:

Transformative constitutionalism is a technical legal reform project, focused on judicial efficiency.

Transformative constitutionalism is a passive process of aligning our laws to international standards.

Transformative constitutionalism is a revolutionary, but lawful, process aimed at achieving social justice.

100%

Transformative constitutionalism is a political project aimed at centralising power in the executive branch of government.

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Which one of the following statements regarding indigenous African law is not correct?

There is a variety of indigenous African legal systems, but they all share enough common features and similarities to be regarded as a single legal family.

Oral traditions are preserved through songs and poems, which are orally transmitted from one generation to another.

Field research in indigenous communities often establishes what the real, living indigenous African law is.

Prior to the 1950s, the pre-colonial history of Africa had been an important part of historical research.

100%

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Which section of the Constitution of the Republic of South Africa, 1996 provides that the courts must apply customary (indigenous African) law when it is applicable, subject to the Constitution and any legislation that specifically deals with customary law?

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Under Roman law, a person was considered negligent if they did not display the degree of care of a diligent bonus paterfamilias. In modern South African law, this test gave rise to which one of the following?

The careful person test

The dedicated person test

The precautionary person test

The reasonable person test

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Study the following scenario and then answer the question that follows by choosing one of the available options:

Grace has always wanted to visit France. As a special treat, her friend Simon buys her a plane ticket to France for her thirtieth birthday. Pholani gives Grace an expensive suitcase to use on her travels. Grace’s sister, Nthabiseng, offers to pay for her accommodation in Paris for a week. Grace is very excited about her trip. However, upon her arrival in Paris, she is informed that Air Burgundy, on which her flight was booked, has lost her suitcase containing all the new clothes she bought especially for the trip. Grace is very upset and decides to claim compensation for the damages she has suffered.

Against which one of the following may Grace have a claim for delictual damages?

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Which one of the following events regarding the COVID-19 pandemic in South Africa is an example of an internal legal-historical event?

On 18 March 2020, the Department of Co-operative Governance and Traditional Affairs issued regulations with the purpose of preventing an escalation of the disaster.

On 15 March 2020, the President of the Republic of South Africa declared a state of national disaster.

100%

On 23 March 2020, the President of the Republic of South Africa announced a national lockdown starting at midnight on 26 March 2020.