BLAW1B-6 Business Law Assignment Answers Help for NQF LEVEL 6

FORMATIVE ASSESSMENT – ASSIGNMENT

Assignment (BLAW1B-6/S1 5/2022)

SECTION A (70 MARKS) – PARAGRAPH QUESTIONS AND SCENARIOS

Question 1 (25 marks)

Who is correct?

Mr T, Mr C and Mr B are childhood friends, studying law at Milpark Business School. Mr B announces to his friends that he wishes to pay lobola (bride price) for his high-school sweetheart, Ms D. Mr B also intends holding a small traditional ceremony to welcome Ms D into his family.

Mr T and Mr C are very excited about Mr B’s big day. In a casual discussion, they argue whether lobola forms part of common law or statutory law. Mr T argues that lobola forms part of statutory law, as it is been passed as legislation. Mr C and Mr B disagree with Mr T; they argue that lobola is a common law marriage.

Mr T, Mr C and Mr B approach you, their lecturer, for clarity on whether lobola forms part of statutory law or common law.

Required:

Advise Mr T, Mr C and Mr B on whether lobola forms part of statutory law or common law. Substantiate your answer by briefly discussing the sources of law in South Africa.      (25)

Question 2 (10 marks)

National Lockdown

Ms G makes a wedding reservation for 26 March 2021, at The Forest Walk Venue. On 15 March 2021, due to the Covid-19 pandemic, the President announces a National State of Disaster and a national lockdown from 25 March 2021.

On 25 March 2021, Ms G receives an email from The Forest Walk Venue, cancelling her wedding reservation. They also refund her the full amount paid to them as a deposit.

Ms G is not happy as she did not intend cancelling her wedding, regardless of the announcement by the President. She believes that The Forest Walk Venue has breached their contract and claims for damages.

Required:

Refer to the scenario above and advise The Forest Walk Venue on its prospect of success in the contemplated action (breach of contract and claiming damages) by Ms G.   (10)

Question 3 (15 marks)

House on fire

Every Sunday, Mr Z and his sons, M and K, toast marshmallows on a campfire. On Sunday 25 December 2020, Mr Z excitedly tells his eldest son M to start a campfire so that they can toast marshmallows.

However, M and K start fighting over the matches. M quickly grabs the matches from K and sets the house on fire. Mr S’s property, which is adjacent to that of Mr Z’s, is also damaged by the fire.

Mr S is paid an amount of R 375 000.00 (three hundred and seventy-five thousand rand) by his insurer as full and final compensation for the insured loss. Mr S is still very angry and wishes to recover an equivalent amount from Mr Z for his negligence.

Required:

Mr S approaches you, his lawyer, and instructs you to institute legal proceedings against Mr Z. Advise Mr S on the prospect of success in his contemplated action against Mr Z.        (15)

Question 4 (20 marks)

Bidding on a painting

Mr X enters into an agreement with Mrs Y, authorising Mrs Y to sell property on behalf of Mr X. One morning, Mrs Y has nothing to do and decides to go to an art auction.

At the art auction, she bids R2 000 000.00 (two million rand) on a painting by Leonardo a Vinci, and uses Mr X’s name. Mr X is very angry that Mrs Y bid on a painting on his behalf, without his knowledge. However, he pays for the painting and hangs it in his study.

Required:

Refer to the scenario above and comprehensively discuss your understanding of the law of agency.          (20)

TOTAL: 70 marks

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