UNIVERSITY OF CAPE TOWN

DEPARTMENT OF PRIVATE LAW

COMPARATIVE LEGAL HISTORY (RDL1004H)
OCTOBER/NOVEMBER EXAMINATIONS 2008
INSTRUCTIONS:
Time: 2 hours plus fifteen minutes reading time.
N.B.: You may not begin to write the examination until the signal is
given that the fifteen minutes reserved for reading the paper are over,
but during this period you make notes to plan how you will answer the
questions.
Number of questions to be answered: Answer three (3) of the questions
below.
Total Marks

: 60

QUESTION 1
Describe the historical developments that led to the decision of the Appellate
Division in George v Fairmead 1958 (2) SA 465 (A).
(20)
QUESTION 2
What are the advantages and disadvantages of formal conveyance?
Illustrate your answer with examples drawn from civilian legal history.
(20)
QUESTION 3
Describe the historical development of the error requirement of the condictio
indebiti.
(20)
QUESTION 4
Describe the historical development of the law of defamation in South Africa
and its impact on the right to freedom of expression.
(20)
QUESTION 5
Describe the relationship between the judges of the Appellate Division of the
Supreme Court of South Africa and the executive arm of government in the
period 1950-1980.
(20)

Comparative Legal History : RDL 1004H November 2008 Final Exam

QUESTION 6
Describe how the current crisis in Zimbabwe has affected the work of the
courts in that country.
(20)
Ends/