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tessammorris
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BUSL 2

Question 1 of 20

1

X contracts with Y to build him a tennis court. X is unable to build the tennis court so Z takes over the job and performs for Y.
This is called...

Select one of the following:

  • cession

  • delegation

  • novation

Explanation

Question 2 of 20

1

Several consequences arise from the valid cession of a personal right, namely:

Select one or more of the following:

  • The claim is transmitted to the cessionary in its entirety,without all benefits and privileges;

  • The cessionary also receives the right with all disadvantages attached to it;

  • The right forms part of the patrimony of the cessionary, not of the cedent;

  • The cessionary alone has the right to collect the debt;

  • Once ceded, the right may not be ceded to another person by the cedent, but can be ceded by the cessionary;

  • The debtor can no longer perform validly against the cedent;

Explanation

Question 3 of 20

1

The natural way in which a contractual relationship is terminated is called...

Select one of the following:

  • discharge

  • completion

  • cession

  • termination

Explanation

Question 4 of 20

1

This type of agreement occurs where a creditor releases a debtor from his or her contractual obligations.

Select one of the following:

  • release

  • set-off

Explanation

Question 5 of 20

1

Novation is an agreement between the cedant and cessionary in terms of which an existing obligation is extinguished and a new obligation is created in its place.

Select one of the following:

  • True
  • False

Explanation

Question 6 of 20

1

In terms of delegation, choose the correct statements:

Select one or more of the following:

  • Delegation is a specific form of novation and entails the transfer of a debtor's obligation(s).

  • A legally valid delegation may only take place with the permission of the debtor.

  • It occurs when a new party is introduced as the debtor in the place of the initial debtor.

Explanation

Question 7 of 20

1

Set-off takes place when debts which are owed reciprocally by two parties are extinguished.

Select one of the following:

  • True
  • False

Explanation

Question 8 of 20

1

Choose the correct requirements that need to be met in order for set-off to occur:

Select one or more of the following:

  • The debts must be similar in nature

  • The debts must be between the same persons or their families

  • The debts must be claimable

  • The debts must be liquidated (monetary value certain or can be ascertained)

  • The debts must be tangible

Explanation

Question 9 of 20

1

Prescription has to do with the gaining or losing of rights over the passage of time.

Select one of the following:

  • True
  • False

Explanation

Question 10 of 20

1

Select the correct prescription periods:

Select one or more of the following:

  • 32 years for debts secured by a mortgage bond, judgment debts and taxes

  • Three (3) years for debts arising from contract or delict

  • Six (6) years for debts arising from a negotiable instrument

  • 12 years for debts owed to the state resulting from a loan or the sale or lease of land from the state

Explanation

Question 11 of 20

1

As a rule, sequestration terminates the contracts concluded by the insolvent before person became insolvent, but certain contracts are indeed terminated, for example a contract of mandate is terminated when the estate of the mandator’s estate is sequestrated.

Select one of the following:

  • True
  • False

Explanation

Question 12 of 20

1

In general, the remedy of execution may be claimed in respect of all contracts.

Select one of the following:

  • True
  • False

Explanation

Question 13 of 20

1

Choose the most correct answer

Select one of the following:

  • For an interdict to be granted, there are 3 requirements:
    A clear right
    Injury
    No other effective ordinary remedy

  • For an interdict to be granted, there are 3 requirements:
    A clear right
    Injury to personal property
    No other effective ordinary remedy

  • For an interdict to be granted, there are 3 requirements:
    A right
    Injury
    No other effective ordinary remedy

Explanation

Question 14 of 20

1

If the contract does not contain a cancellation clause, the innocent party has the right to cancel if the repudiator repudiates any obligation.

Select one of the following:

  • True
  • False

Explanation

Question 15 of 20

1

In the absence of a cancellation clause, the creditor may cancel in the following three circumstances only:

Select one or more of the following:

  • If there is a specific date for performance

  • By sending the debtor a notice of intention to cancel

  • It is deemed to be a tacit term that time is of the essence and the contract may be cancelled if the debtor fails to perform on or before the stipulated time

  • It is deemed to be a tacit term that time is of the essence and the contract may be cancelled if the creditor fails to perform on or before the stipulated time

  • By sending the creditor a notice of intention to cancel

  • If there is a specific time for performance

Explanation

Question 16 of 20

1

In general, the remedy of execution may be claimed in respect of all contracts.

Select one of the following:

  • True
  • False

Explanation

Question 17 of 20

1

The major consequence of cancellation is the

Select one or more of the following:

  • termination of obligations

  • termination of duties

  • termination of rights

Explanation

Question 18 of 20

1

"Restitution" means

Select one of the following:

  • If either one or both parties have performed, whatever has been performed by the other party must be returned to them or their family.

  • If either one or both parties have performed, whatever has been performed by the other party must be returned to them.

Explanation

Question 19 of 20

1

If the innocent party suffers loss, because the guilty party has breached the contract, the innocent party is not entitled to recover those damages arising after the breach of contract that the innocent party could have prevented or reduced by his own conduct.

Select one of the following:

  • True
  • False

Explanation

Question 20 of 20

1

The right to cancel must be exercised within a reasonable time.

Select one of the following:

  • True
  • False

Explanation

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