TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A

SEMESTER 1/2023 CML112S

Course Name: COMMERCIAL LAW 1 A

Course Code: CML111S S1

Department: SOCIAL SCIENCES

Course Duration: ONE SEMSTER

NQF Level and Credit: 5, 12

Pre-requisite: NON

Moodle Enrollment Key: CML 111 S

This First Tutorial Letter was compiled by:

Mrs. Emmy Wabomba

Your marker-tutors for COMMERCIAL LAW 1A are:

MARKER-TUTOR CONTACT DETAILS EMAIL ADDRESS

Ms. E. Wabomba 061 207 2149 Ewabomba@nust.na

This First Tutorial Letter was compiled by:

Name and Surname: Mrs Emmy Wabomba
Your marker-tutor for
Tel.: +264 61 207 2149

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S E-

mail: ewabomba@nust.na

The Moderator/Content-Editor for this course is:

Mrs Mariette Hanekom
Tel.: 061 2072089
E-mail: mhanekom@nust.na

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

COLL ADMINISTRATIVE SUPPORT SERVICES

COLL ANNOUNCEMENTS: http://www.nust.na/?q=centres/coll/coll-announcement
COLL STUDENT SUPPORT: http://www.nust.na/?q=centres/coll/student-support
E-LEARNING: http://elearning.nust.na/elearn/
ASSIGNMENT SUBMISSION: collassignments@nust.na
ASSIGNMENT DUE DATES: Information Manual for Distance Education Students
(DE Manual)
http://www.nust.na/?q=centres/coll/about-coll
NUST COLL VACATION SCHOOL: TBC
TIMETABLE: http://www.nust.na/?q=centres/coll/about-coll
FACE TO FACE CLASSES: http://www.nust.na/?q=centres/coll/about-coll
COLL FACEBOOK: https://www.facebook.com/groups/554488671248201/
MOODLE PLATFORM: http://www.nust.na/?q=centres/coll/about-coll
NUST’s Policies and Regulations: http://www.nust.na/?q=download/annual-reports-
documents
Examination dates: To be announced on the NUST webpage
MASSIVE OPEN ONLINE COURSE (MOOC): http://tlu.nust.na/survey/index.php/419328/lang-en
Username: nust
Password: 123
COLL STUDENT SUPPORT SERVICES

NUST Writing Unit: 061 – 2072383

writingunit@nust.na
NUST Mathematics Tutoring Centre: 061 – 2072523/2072913
http://mathstutoring.nust.na
TURNITIN: www.turnitin.com

TurnItIn - Student
Guide.pdf

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

STATEMENT ABOUT ACADEMIC HONESTY AND INTEGRITY

All staff and students of Namibia University of Science and Technology (NUST), upon signing their
employment contracts and registration forms, commit themselves to abide by the policies and rules of the
institution. The core activity of NUST is learning and in this respect academic honesty and integrity is very
important to ensure that learning is valid, reliable and credible.

NUST therefore does not condone any form of academic dishonesty, including plagiarism and cheating on
tests and assessments, amongst other such practices. NUST requires students to always do their own
assignments and to produce their own academic work, unless given a group assignment.

Academic Dishonesty includes, but is not limited to:

• Using the ideas, words, works or inventions of someone else as if it is your own work.
• Using the direct words of someone else without quotation marks, even if it is referenced.
• Copying from writings (books, articles, webpages, other students’ assignments, etc.), published or
unpublished, without referencing.
• Syndication of a piece of work, all or part of an assignment, by a group of students, unless the
assignment was a legitimate group assignment.
• The borrowing and use of another person’s assignment, with or without their knowledge or
permission.
• Infringing copyright, including documents copied or cut and pasted from the internet.
• Asking someone else to prepare an assignment for you or to write or sit an assessment for you,
whether this is against payment or not.
• Re-submitting work done already for another course or programme as new work, so-called self-
plagiarism.
• Bringing notes into an examination or test venue, regardless of whether the notes were used to
copy or not.
• Receiving any outside assistance in any form or shape during an examination or test.

All forms of academic dishonesty are viewed as misconduct under NUST Student Rules and Regulations.
Students who make themselves guilty of academic dishonesty will be brought before a Disciplinary
Committee and may be suspended from studying for a certain time or may be expelled. All students who are
found guilty of academic dishonesty shall have an appropriate endorsement on their academic record, which
will never be erased.

I, ……………………………………………………………………………………………………………(full name and surname), hereby

acknowledge that I have read and understood the Statement about Academic Honesty and Integrity and
that I will abide by the rules and regulations as outlined within the statement.

Signature of the student:…………………………………………… Date: ……………………………………………

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

ASSESSMENT CRITERIA
You will be doing two (2) assignments, each weighting 50 % towards your CA mark. Due dates are on the
COLL website.
Your final mark: 30 % CA and 70 % Examination

Examination Admission
Apart from the regulations hereunder, you should also study your COLL Yearbook 2020, which contains
important information and regulations about admission to the examination.
• You need at least a 40 % semester mark to write the examination
• The FINAL mark is made up of a (30:70 ratio) (30 % of the semester mark and 70 % of the examination
mark)
• A FINAL mark of at least (50 %) (calculated from the semester mark and examination) has to be obtained
to pass the course

Students who miss the assignment due date or contact their COLL Support Officer, Ms Angela Appolus at
061 207 2670 and e-mail at aapollus@nust.na immediately! Do not waste time to contact the marker-tutor
who cannot help with admin related questions

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

INSTRUCTIONS/REQUIREMENTS FOR ASSIGNMENT 01

• Sources must be listed according to the APA referencing style.

• All assignments should be typed
• Font Style to be used is Calibri, font size 11, line spacing 1.5

ASSIGNMENT 1 [50 MARKS]

This assignment covers the following units/modules/topics: 1-7

The learning outcomes for this specific assignment is:

a) A general understanding of the concept of law, its origin, sources and classifications;
b) Acquiring a basic knowledge of the administration of justice, court structures & proceedings and the
legal profession;
c) To comprehend and acquire the aptitude to apply, to any given set of facts, the general principles of the
Law of Contract with specific reference to the requirements of:
i) Consensus
ii) Contractual Capacity
iii) Physical Possibility of Performance
iv) Legal Possibility of Performance and
v) Formalities
d) The knowledge of various parties to a contract;
e) Ability to distinguish between various terms of a contract;
f) Comprehension of the transfer of contractual rights and obligations;

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

Discernment when a contract is terminated;

g) Identifying various breaches of contract; and
h) Applying remedies in respect of a breach of contract.

QUESTION 1

Decide whether consensus was reached in each of the following situations and briefly motivate your answer.

1.1 Desmond wants to buy Ella’s TV set. Although Ella knows that the TV is 20 years old and does not
function properly, she tells Desmond that it is practically new and that it performs excellently.
Based on what she tells him, Desmond buys the TV. (2)

1.2 A traditional healer tells his patient, Sammy, that he should give him all his cattle in order to be
cured of AIDS. Sammy agrees. (2)

1.3 Patsy offered her car for sale to Simon for N$ 10 000. Simon says that he’ll buy it for N$ 8 000. (2)

1.4 S agrees to sell a racehorse to P for N$200 000,both parties believing the horse to be a racehorse,

whereas it is, in fact, a carthorse. (2)

1.5 Jakes specified in his offer that Donald must respond on or before the 12th of February 2022. Donald

accepts the offer on the 14th of February 2022. (2)

TOTAL MARKS [10]

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

QUESTION 2

2.1 Name the two elements of consensus. (2)

2.2 Neville, a seller of semi-precious stones enters into a contract for the selling of stones worth N$ 20
000 with a buyer in South Africa, a certain Mr. Louw. The buyer accepted the offer telephonically on
the 1st of March 2022, phoning from Cape Town, South Africa, while the seller had been in Namibia
at the time. The selling of semi-precious stones was illegal in terms of South African law, but legal in
terms of Namibian law. Discuss the legality of this contract. (4)

2.2 Suppose in 3.1 above that the parties have agreed that the agreement would only be binding once
it is reduced to writing and signed by the respective parties. Neville signs the agreement in Windhoek
on 1 March 2022 and sends it by courier to Mr. Louw who signs it on 11 March 2022 in Cape Town.
Reconsider your answer. (4)
TOTAL MARKS [10]
QUESTION 3

Fred is the owner of a farm in the Outjo district in Namibia for the last 20 years. He decided to retire and to
sell the farm. There is a large graveyard on the property near the house. Thinking that this would scare
potential buyers off, he took extreme steps to hide all traces of a graveyard. He sold the farm to John. After
two months, John ploughed up the ground to make a vegetable garden for his wife and he found the
graveyard.

Advise John whether he has any claim against the seller, Fred .Discuss the legal concept in detail
TOTAL MARKS [10]

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

QUESTION 4
Decide when and where the contract was concluded in the following circumstances:

4.1 Jamie phoned to accept the offer on Monday, the 10th of March at 17:00 in the afternoon. Mia was
at that stage on her way to Durban in South Africa, but she received the call on her cell phone while she
was at a coffee shop in Grunau, Namibia. (3)

4.2 Jamie posted her letter of acceptance on the Monday 10th at a post office in Noordoewer, Namibia.
(Suppose that Mia expressly authorized postal acceptance.) (3)

4.3 Suppose in 2.1 above that Jamie phoned to reject the offer, but changed her mind and phoned
again at 21:00 to accept the offer. Could she still rely on an offer? (2)

4.4 Suppose in 2.2 above that Jamie stipulated that acceptance must be made before Tuesday, the 11 th
of March, and Jamie only accepted the offer on Wednesday, the 12th of March. (2)

TOTAL MARKS: [10]

QUESTION 5
5.1 Identify and define the following legal concept:

Deon put his house on the market for the purchase price of N$ 450 000.00. On the 3 rd of March
Mary came and had a look at the house and asked Deon not sell it to anybody else until the 12 th of
March, by which date she will tell him whether or not she will buy the house. Deon agreed.
(2)
5.2 The basic principles in terms of which disputes have to be heard are known as the rules of natural
justice. Name and briefly explain these two rules.
(2)

5.3 Name the two elements of consensus. (1)

TOTAL MARKS: 5

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

QUESTION 6

SWD is a company that produces medical products. During the winter they advertised in the newspapers
offering a reward to anyone that got sick with flu after using their products. Susan a student at the
Polytechnic of Namibia had seen the advertisement and falls sick of flu after using their products and they
have refused to give her the reward. Advise Susan.
TOTAL MARK: 5

TOTAL MARKS ASSIGNMENT 1 (50 MARKS).

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

ASSIGNMENT 2 [50 MARKS]

This assignment covers the following units/modules/topics: 8-18
a) A general understanding of the concept of law, its origin, sources and classifications;
b) Acquiring a basic knowledge of the administration of justice, court structures & proceedings and the
legal profession;
c) To comprehend and acquire the aptitude to apply, to any given set of facts, the general principles of the
Law of Contract with specific reference to the requirements of:
i) Consensus
ii) Contractual Capacity
iii) Physical Possibility of Performance
iv) Legal Possibility of Performance and
v) Formalities
d) The knowledge of various parties to a contract;
e) Ability to distinguish between various terms of a contract;
f) Comprehension of the transfer of contractual rights and obligations;

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

Discernment when a contract is terminated;

g) Identifying various breaches of contract; and
h) Applying remedies in respect of a breach of contract.

INSTRUCTIONS/REQUIREMENTS FOR ASSIGNMENT 02

• Sources must be listed according to the APA referencing style.
• All assignments should be typed
• Font Style to be used is Calibri, font size 11, line spacing 1.5

QUESTION 1

Give a word or phrase for each of the following:

1.1 “The parties hereto consent that there shall be no variation of the terms or conditions of the
contract unless such variation is reduced to writing and signed by both parties.” (2)

1.2 In law, one who is empowered to enter into a contract with third parties on behalf of a principal. The
principal and third party being as bound by such transaction as if they entered into it themselves
directly. (2)

1.3 Those terms of a contract which the law provides as necessary to place a contract in a certain
category of contract. (2)

1.4 C and D incorporate into their lease agreement a clause that if for whatever reason D is late in paying
rent, C is entitled to cancel the contract. (2)

1.5 An insurer may agree with the insured to pay the proceeds of the insured’s life policy to the insured’s
wife on his death. (2)
TOTAL MARKS [10]

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
SEMESTER 1/2023 CML112S

QUESTION 2

2.1 Derek and Meredith are married in community of property since 2 December 2010. Discuss whether
Meredith requires Derek’s consent when concluding the following transactions:

2.1.1 Buying groceries for their household on credit. (2)

2.1.2 Entering into a contract for mortgaging of their house registered in her name. (2)

2.1.3 Selling the six cattle she inherited from her mother in 1988. (1)
TOTAL MARKS [5]

QUESTION 3

X owes Y N$ 1000. X transfers this obligation to pay this debt to Z. Therefore Z becomes liable for this debt.
Discuss this form of transfer. TOTAL MARKS [5]

QUESTION 4

On the 1st of March 2020 “Happy Liquor Store”, Swakopmund, was sold to a new owner, Mr. Hoffmann. The
purchase price is N$ 250 000, inclusive of the fixtures and fittings, liquor licence and goodwill of the business.
At the time of sale, the main business of “Happy Liquor Store” was the selling of liquor. In the contract of
purchase and sale the following clause was included:

“The SELLER hereby undertakes and guarantees in favour of the PURCHASER that for a period of 3 (three)
years after the effective date, neither he nor his present or future spouse shall in any way in the Municipal
area of Swakopmund, collectively or individually, either as principal, agent, partner, representative,
shareholder, director, employee, consultant, advisor, financer, or in any other capacity, directly or indirectly

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 TUTORIAL LETTER TEMPLATE FOR MARKER-TUTORS COMMERCIAL LAW 1A
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associated with or concerned with, interested or engaged in or interest themselves in any firm, business,
company undertaking or other association of persons which carries on the business of a Bottle Store or which
in any way competes with a business as constituted at the effective date, except insofar as the SELLER may
be employed by the PURCHASER and for purposes of such employment only.”

Approximately one year after the effective date of the aforementioned sale, the seller opened a shop called
“Jamaican Inn” and started selling imported liquor products in the centre of the town of Swakopmund.

You are approached by Mr. Hoffmann for legal advice. He specifically wants to know whether there is a way
to close down “Jamaican Inn”. TOTAL MARKS [10]

QUESTION 5

Identify the form of termination of an obligation in each of the following situations:

5.1 Raymond enters into an agreement with Sterns to buy a wedding ring at the end of the month. Two
days before the end of the month, Raymond’s girlfriend breaks up with him. Raymond and Sterns agree
that he would purchase a watch instead. (2)

5.2 Beauty rents a house from Patience with an option to buy the house. Three months thereafter,
Beauty buys the house. The rental agreement terminates. (2)

5.3 Claire agrees to cook for Nick for the next three months. Nick claims that the contract was for five
months. The parties agree that she would cook for four months. (2)

5.4 Chris agreed to give Janine a lift to work for the next two months. A week after conclusion of this
contract, Janine buys her own car and informs Chris that she no longer needs a lift to work. Chris
accepts this offer. (2)

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SEMESTER 1/2023 CML112S

5.5 Cathy rents an office from Michelle at N$2000 per month for a period of one year. Shortly after
their agreement the office is totally destroyed by fire caused by an electrical short circuit. The lease
agreement will be terminated. (2)

TOTAL MARKS: 10

QUESTION 6

6.1 Joe has a written agreement with Naomi in terms whereof he is renting a house from her. After the
lease has been running for a few months, they agree orally that, from now on, Naomi (the lessor)
shall pay for a gardening service to maintain the garden. In return, Joe (the lessee) will pay an extra
N$ 100 in rent, since he no longer has to take responsibility for looking after the garden. Is this change
valid? (4)

6.2 At a coffee shop on the 30th of April 2007, Freddy, a licensed diamond dealer, entered into a contract
with Sylvia for the purchase and sale of 10 twenty one carat diamonds at a purchase price of N$ 25
000. It is agreed between the parties that Freddy will deliver the 10 diamonds to Sylvia on the 2nd of
May 2007.

When Freddy returned to his shop in order to package the diamonds he discovered that he had
insufficient stock to meet his obligations in terms of the contract as he only had 2 twenty one carat
diamonds in the safe.
On the day of delivery he advised Sylvia that the contract is void because it is impossible for him to
perform and as such not liable. Advise Sylvia whether or not Freddy is correct about the status of
their contract. (6)

TOTAL MARKS: 10

TOTAL MARKS ASSIGNMENT 2 (50 MARKS)

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