POLYTECHNIC OF NAMIBIA DEPARTMENT OF SOCIAL SCIENCES

Size: px

Start display at page:

Download "POLYTECHNIC OF NAMIBIA DEPARTMENT OF SOCIAL SCIENCES"

Mabel Riley
5 years ago
Views:

1 セ POLYTECHNIC OF NAMIBIA DEPARTMENT OF SOCIAL SCIENCES QUALIFICATIONS: National Diploma in Property Studies; National Diploma in Land Administration; Bachelor of Land Administration LAW FOR LAND ADMINISTRATION 1 [LLA 520 S] EXAMINATION NOVEMBER 2014 (First Opportunity) Time: Marks: Paper: Pages: 2 hours of 1 6 (Including cover page) INSTRUCTIONS: 1. This paper consists of nine (9) questions. 2. All questions are compulsory. 3. Read all questions carefully before answering. 4 Incorrect spelling and illegible handwriting may prevent mark allocation. Examiner: Ms M.S. Saayman Moderator: Ms M. M.Van Zyl

2 LAW FOR LAND ADMINISTRATION LLA 520 S NOVEMBER 2014 QUESTION 1 ANSWER THE FOLLOWING SHORT QUESTIONS BRIEFLY: Aga1nst whom IS a comprehensive real nght 1n property effect1ve and enforceable? 12 Th1ngs belong1ng to the State and held for the benefit of the Public, are called A contract 1n wh1ch the merx 1s sold as a hope or expectat1on expected to come 1nto existence 1n the future, where the pnce w1ll be pa1d to the extent to which the future expectation wtll matenaltze. IS known as Mr. Winkler is buy1ng the contents of a clothes factory (not the build1ng) that closed down. Including all the fabric, sew1ng machmes and other paraphernalia. What form of constructive delivery will be the most sensible and practical? 1.5 An express agreement to re-let the leased property, concluded during or upon the expiration of the lease,is called. 1.6 The authonty of a curator to act as an agent of a mentally 111 person IS acquired by virtue of h1s/her office. What 1s th1s authonty called? If 'A" has been to sell 'P's" car. 'A" cannot ouy the car h1mself. unless he makes a full disclosure and 'P" approves of the self-contracting. On wh1ch obl1gat1on of the agent IS th1s statement based? 1.8 Suppose a principal 1n an agency agreement IS declared Insolvent, how does it affect the agreement between the agent and the pnncipal? 19 What is the minimum and maximum number of persons respectively, that can form a partnership? 1.10 Can a partnership be regarded as a legal person? Mot1vate your answer Each partner has the right to represent the partnership in matters falling with1n the scope of the partnership business.

3 What is thrs nght called? 1.12 Name one (1) disadvantage linked to a partnershrp. 113 From the name of the busrness entity one can determme the type of busmess entrty we are dealing With. What type of business are we dealing wrth 1f the name of the business is: "Clever Lands Students Ltd by Guarantee"? 1.14 Define Pnvate Nursance. 115 One of the requirements for an act to be regarded as a delict is "fault". What is meant by th1s term 1n the Law of Delict? (30) QUESTION 2 Complete the following sentences by filling in the missing words. Write.Q!!!y_the missing words on your answer paper 2 1 Ownersh1p can be acquired by two methods namely.....ownership and.....ownership 2.2 The most comprehensive real right is.... (1) 2.3 Apparent authority IS also known as.... authonty: the basrs for apparent authonty rs The rule that any person may be deemed to have knowledge of the contents of the memorandum and artrcles of associatron is based on (1) 2.5 The pnncrpal organs of a company are.and 2.6 1s empowered to enter 1nto a contract wrth thrrd parties on behalf of a pnncipal. the principal and the thrrd party bemg as bound by such transaction as rf they entered into it themselves (1) 2 7 A... is the wntten document rn wh1ch the authonty to act as an agent of a company is embodied (1 ) QUESTION 3 Decide in each of the following instances whether the statement is true or false and give a reason for your answer Ownership is transferred when a contract of sale is concluded. Tacit relocation is deemed to be at the original rent plus a 10% escalation. 3

4 3.3 An agent will act in bad faith if he/she makes secret profits 34 A lease agreement:s a rec:procal agreement in terms of which a lessor undertakes to give the lessee permanent use and en1oyment of the property m return for the payment of rent 3.5 The lessor does not have the right to cancel the lease due to non-payment of the rent, unless the lessee was at least two years in arrears or the contract contains a forfeiture clause. QUESTION 4 Mr. 007 buys a Porsche from 006 (Pty) Ltd. a dealer in used cars. for a very h:gh pnce While travelling from Windhoek to h:s guest farm near Ott:warongo. 007 had to go through a roadblock set up by the Pol:ce between W:ndhoek and Otjiwarongo. The Pol:ce then :nformea h:m thatth:s Porsche was reported stolen and that they must confiscate th:s car Answer the follow:ng quest:ons: 4.1 What are the essent:al elements required to enter :nto a valid contract of purchase and sale? 4.2 What steps must 007 take to protect him when thceatened by confiscation? 4.3 On what ground can 007 cla:m compensation from the dealer :f the Police confiscate the Porsche? 44 Br:efly def:ne your answer,n 4.3 above. 45 Suppose 007 was well aware that the Porsche was stolen, w:ll he have any claim aga:nst 006 (Pty) Ltd? QUESTION 5 11 I 11 I 5.1 Raymond :s the manag:ng agent of a Body Corporate Included in his duties :s the keep:ng of proper books of account Raymond :s not an accountant and wants to know whether he is ent:tled to appo:nt an accountant to prov:de these serv:ces and, if so. who would be respons:ble to ensure that these serv:ces are properly performed? 52 Ann is selling cosmetics for and on behalf of New Age Cosmetics (Ply) Ltd. She wants to know whether she :s allowed to be an agent for MTC to sell Nok:a cell phones dur:ng the same period that she l1as the contract w:th New Age. 5.3 Jolene is work:ng as a chef at the 'Red Ch:ll: -restauranl. She is respons:ble for the buy:ng of the ingred:ents needed for the various dishes. since 201 Q_ She 1s also authorised to order cakes and tarts from 'Blue Marine"- caterers on a regular bas:s as need be. At the end of August 2014 Jolene orders a big, extravagant wedding cake for her daughter's upcoming wedding. Upon rece:pt of the :nvoice the owner of 'Red Ch:ll: -restaurant refuses to pay for this cake. Advise stue Marine'- Caterers (5)

5 QUESTION 6 In Namibra the lessee of rmmovable property rs. rn certam circumstances. protected by the Roman Dutch Law pnncrple of 'huur gaat voor koop' (hlfe goes before sale). Answer the following questions: Define the pnncrple of 'huur gaat voor koop.' Distinguish between a long lease and a short lease. Discuss the role of lhrs pnncrple in long term leases 11 I (5) [8) QUESTION 7 Tabulate the drfferences between the busrness enlllies known as PRIVATE COMPANIES, PUBLIC COMPANIES AND CLOSE CORPORATIONS on the follow1ng respective aspects 7.1 Name of business ent1ty Membership 7.3 Perpetual successron 74 Liabrlity for the debts of the entity [12) QUESTION 8 After a long night of dnnkrng John dnves home and falls asleep behind the s:eenng wneel of h1s car He crashes into the wall surrounding Peters house causrng extens1ve damage Peter 'nst1tutes legal actron agarnst John Discuss the possrble defense, rf any. that John can ra1se. [5) QUESTION 9 Trespass rs a delict that relates specifically to Immovable property Answer the following questions relating to this legal concept: 9.1 Name the イアオセイュ to be proved rn order for a plarnt1ff to succeed 1n a clarm for damages based on trespass. 5

6 9.2 Wrongful disturbance of possess1on 1s not restricted to unlawful entry. but can also mamfes11n other ways. Name these two ways. [5] TOTAL = [1 00] 6

PPN!" l i. l'ifiltliblh Ul'llVERSITY EXAMINER(S) 06DLAD; 07BLAD; 27BPRS LEVEL: 5 0F SCIEI'ICE REID TECHNOLOGY FACULTY OF HUMAN SCIENCES

PPN! l i. l'ifiltliblh Ul'llVERSITY EXAMINER(S) 06DLAD; 07BLAD; 27BPRS LEVEL: 5 0F SCIEI'ICE REID TECHNOLOGY FACULTY OF HUMAN SCIENCES l i l'ifiltliblh Ul'llVERSITY 0F SCIEI'ICE REID TECHNOLOGY FACULTY OF HUMAN SCIENCES DEPARTMENT OF SOCIAL SCIENCES QUALIFICATIONS: National Diploma in Property Studies; National Diploma in Land Administration