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 ; Bachelor of Land Administration ; Bachelor in Property Studies Hons QUALIFICATION CODES: 27DPRS; 06DLAD; 07BLAD; 27BPRS LEVEL: 5 COURSE CODE: LLASZOS COURSE NAME: LAW FOR LAND ADMINISTRATION 1 SESSION: NOVEMBER 2017 PAPER: THEORY DURATION: 2 HOURS MARKS: 100 FIRST OPPORTUNITY EXAMINATION QUESTION PAPER EXAMINER(S) ADV M SAAYMAN MODERATOR: MS R VAN ZYL INSTRUCTIONS PPN!" This paper consists of 9 (nine) questions. Answer ALL the questions Write clearly and neatly. Number the answers clearly PERMISSIBLE MATERIALS NONE THIS QUESTION PAPER CONSISTS OF 8 PAGES (Including this front page) I
LAW FOR LAND ADMINISTRATION LLA 520 5 NOVEMBER 2017 QUESTION 1 ANSWER THE FOLLOWING SHORT QUESTIONS BRIEFLY: 1.1 Against whom is a real right effective and enforceable? (2) 1.2 What are things belonging to the State and held for the benefit of the Public called?(2) 1.3 What is a contract called in which the merx is sold as a hope or expectation expected to come into existence in the future and where the price will be paid to the extent to which the future expectation will materialize? (2) 1.4 Mr. Winkler is buying the contents of a clothes factory (not the building) that closed down, including all the fabric, sewing machines and other paraphernalia. What form of constructive delivery will be the most sensible and practical? (2) 1.5 What is an express agreement to re-let the property concluded during or upon the expiration of the lease called? (2) 1.6 The authority of a curator to act as an agent of a mentally ill person is acquired by virtue of his/her office. What is this authority called? (2)
1.7 If 'A has been authorized to sell P s car, A" cannot buy the car himself, unless he makes a full disclosure and P approves of the self-contracting. On which obligation of the agent is this statement based? (2) 1.8 What will the implication be, if a principal in an agency agreement is declared insolvent, for the agreement between the agent and the principal? (2) 1.9 What is the minimum and what is the maximum number of persons that can form a partnership? (2) 1.10 Can a partnership be regarded as a legal person? Motivate your answer. (2) 1.11 Each partner has the right to represent the partnership in matters falling within the scope of the partnership business. What is this right called? (2) 1.12 Name two (2) disadvantages linked to a partnership. (2) 1.13 From the name of the business entity one can determine the type of business entity we are dealing with. What type of business are we dealing with if the name of the business is: Clever Lands Students Ltd. by Guarantee? (2) 1.14 Define Private Nuisance. (2) 1.15 One of the requirements for an act to be regarded as a delict is fault. What is meant by this term in the Law of Delict? (2) [30]
QUESTION 2 Complete the following sentences by filling in the missing words. Write only the missing words on your answer paper: 2.1 Ownership can be acquired by two methods namely...ownership and...ownership. (2) 2.2 The most comprehensive real is... right (1) 2.3 Apparent authority is also known as... authority; the basis for apparent authority is... (2) 2.4 The rule that any person may be deemed to have knowledge of the contents of the memorandum and articles of association is based on... (1) 2.5 The principal organs of a company are...and... (2) 2.6... is empowered to enter into a contract with third parties on behalf of a principal, the principal and the third party being as bound by such transaction as if they entered into it themselves. (1) 2.7... is the written document in which the authority to act as an agent of a company is embodied. (1) [10] QUESTION 3 Decide in each of the following instances whether the statement is true or false and give a reason for your answer. 3.1 Ownership is transferred when a contract of sale is concluded. (2) 3.2 Tacit relocation is deemed to be at the original rent plus a 10% escalation. (2)
3.3 An agent will act in bad faith if he/she makes secret profits. (2) 3.4 A lease agreement is a reciprocal agreement in terms of which a lessor undertakes to give the lessee permanent use and enjoyment of the property in return for the payment of rent. (2) 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. (2) [10] QUESTION 4 Mr. 007 buys a Porsche from 006 (Pty) Ltd, a dealer in used cars, for a very high price. While travelling from Windhoek to his guest farm near Otjiwarongo, 007 had to go through a roadblock set up by the Police between Windhoek and Otjiwarongo. The Police then informed him that this Porsche was reported stolen and that they must confiscate this car. Answer the following questions: 4.1 What are the essential elements required for a contract to qualify as a contract of purchase and sale? (3) 4.2 What steps must the buyer take to protect him when threatened by confiscation?(3) 4.3 On what ground can 007 claim compensation from the dealer if the Police confiscate the Porsche? (1) 4.4 Define this ground briefly. (2)
4.5 Suppose 007 was well aware that the Porsche was stolen, will he have any claim against 006 (Pty) Ltd? (1) [10] QUESTION 5 5.1 Raymond is the managing agent of a Body Corporate. Included in his duties is the keeping of proper books of account. Raymond is not an accountant and wants to know whether he is entitled to appoint an accountant to provide these services and, if so, who would be responsible to ensure that these services are properly performed? (3) 5.2 Ann is selling cosmetics for and on behalf of New Age Cosmetics (Pty) Ltd. She wants to know whether she is allowed to be an agent for MTC to sell Nokia cell phones during the same period that she has the contract with New Age(2) 5.3 Jolene is working as a chef at the Red Chilli restaurant. She is responsible for the buying of the ingredients needed for the various dishes, since 2007. She is also authorised to order cakes and tarts from Blue Marine - caterers on a regular basis as need be. At the end of August Jolene orders a big, extravagant wedding cake for her daughter s upcoming wedding. Upon receipt of the invoice, the owner of Red Chilli l -restaurant refuses to pay for this cake. Advise Blue Marine Caterers. (5) [10] QUESTION 6 In Namibia the lessee of immovable property is, in certain circumstances, protected by the Roman Dutch Law principle of Huur gaat voor koop (hire goes before sale). 6.1 6.2 Define the principle of huur gaat voor koop." (2) Distinguish between a long lease and a short lease. (1)
6.3 Discuss the principle of huur gaat voor koop"in relation to long term leases. (5) [8] QUESTION 7 Tabulate the differences between the business entities known as PRIVATE COMPANIES, PUBLIC COMPANIES AND CLOSE CORPRATIONS on each of the following aspects: 7.1 Name of business entity (3) 7.2 Membership (3) 7.3 Perpetual succession (3) 7.4 Liability for the debts of the entity (3) [12] QUESTION 8 After a long night of drinking John drives home and falls asleep behind the steering wheel of his car. He crashes into the wall surrounding Peter s house causing extensive damage. Peter institutes legal action against John. Discuss the possible defense, if any, that John can raise. [5] QUESTION 9 Trespass is a delict that relate specifically to immovable property. 9.1 Name the reguirements to be proved in order for a plaintiff to succeed in a claim for damages based on trespass. (3)
9.2 Wrongful disturbance of possession is not restricted to unlawful entry, but can also manifest in other ways. Name these two (2) ways. (2) [5] TOTAL = [100]