ASSIGNMENT

SEMESTER 2023 02
MODULE BLA152
MODULE CODE BUSINESS LAW I
DUE DATE 22 SEPTEMBER 2023

Page 1 of Assignment
 ASSIGNMENT – 2023 SECOND SEMESTER
BLA 152
BUSINESS LAW I

0B ELECTRONIC SUBMISSION INSTRUCTIONS

1B Introduction
This assignment is compulsory and must be submitted through CANVAS, inside the corresponding
Module Class Course on or before 22 September 2023 by 24:00.

PLEASE ENSURE THAT THE ANSWER BOOK THAT YOU SUBMIT IS IN MS WORD OR
PDF FORMAT. NO SCANNED DOCUMENT WILL BE MARKED.

Your assignment answer book must include the following sections:

COVER PAGE:
Please include the following information on the first page of the assignment answer book: Name,
Surname, Student Number and Module Code.
BODY:
The assignment answers must be typed in MS Word format and saved as a PDF document (File
> Save As > Save as Type: PDF). Submit the final PDF document to CANVAS.

LIST OF REFERENCES:
Refer to the STADIO Referencing guide HERE for guidance.
IMPORTANT: Ensure that you submit this assignment answer book on or before the due date and
time.
Submit this assignment answer book by logging in to CANVAS with your MySTADIO account.
Please use the same username and password credentials you have used to log in to MySTADIO.

Submission Instructional Video

Submitting an assignment to CANVAS may be a new concept for some students. Watch the
tutorial video of the submission process by clicking on the link shown below.

Submission Guide

Click to Watch

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 ASSIGNMENT – 2023 SECOND SEMESTER
BLA 152
BUSINESS LAW I

Completing Your Assignment

A specific course inside of CANVAS for each of your modules has been created for you to submit
your Assignment to.
Step 1: Complete your assignment answer book.
Step 2: Save your file with the following naming convention:
[STUDENTNUMBER] [MODULECODE] [SURNAME].pdf
E.g. 21111234 BCU101 Surname.pdf
Step 3: Log in to CANVAS using your MySTADIO details:
(Username: studentnumber@stadioDL.ac.za and Password: ID number)
Step 4: Select the desired module from the dashboard.
Step 5: Submit your assignment before the end of the due date.

Logging in to CANVAS
We have made logging in to CANVAS easier for students by using their MySTADIO account to
access the system without the need to create another password and other login requirements. You
can sign in directly by using the button link below (remember to use your MySTADIO credentials:
studentnumber@stadioDL.ac.za and ID number as the password) or by going to
https://stadio.instructure.com/login/canvas:

IMPORTANT NOTES
---THE PROCESS DETAILED ABOVE IS THE SAME ON A PERSONAL COMPUTER
AND MOBILE DEVICE. YOU WILL, HOWEVER, NEED TO ENSURE THAT YOU HAVE
SAVED YOUR COMPLETED ASSIGNMENT ON THE MOBILE DEVICE AND HAVE
DOWNLOADED THE CANVAS STUDENT APP BEFORE ATTEMPTING TO SUBMIT.
---
YOU DO NOT REQUIRE A CANVAS CLASS ID AND ENROLMENT KEY TO ACCESS
YOUR REGISTERED MODULE CLASS, AS YOU HAVE BEEN ALLOCATED TO THE
CLASS BASED ON YOUR REGISTRATION. IF YOU DO NOT SEE YOUR MODULE
CLASS APPEAR, PLEASE CONTACT THE OFFICE FOR ASSISTANCE.
---
IF YOU EXPERIENCE ANY DIFFICULTIES DURING THE SUBMISSION PROCESS –
AFTER READING THROUGH THE GUIDE AND ATTEMPTING THE PRESCRIBED
STEPS – PLEASE DO NOT HESITATE TO CONTACT THE OFFICE FOR ASSISTANCE.

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 ASSIGNMENT – 2023 SECOND SEMESTER
BLA 152
BUSINESS LAW I

Question 1 [16]
1.1 Match the number in the left column with the correct letter in the right column.
(Example: 9) =R)
1) Law A) Those legal rules which control the
relationship between the state and its
citizens.
2) The Constitution of B) Is the supreme law of the country
the Republic of South and any legal rule that is not in line with
Africa Act. 1996 it is null and void.
3) Contract C) One or more parties to the contract
"conclude" the contract but labour
under a misunderstanding regarding
some aspect of the contract.
4) Essentialia D) Those legal rules which govern the
relationship between citizens in their
dealings with one another.
5) Legal Capacity E) Terms that are vital i.e. to be able to
classify the contract as a certain type of
contract.
6) Public Law F) System of rules which apply in a
community.
7) Mistake G) An agreement concluded between
two or more persons with the serious
intention of creating legally enforceable
obligations which meet the
requirements set by the law for the
formation of a valid --------------
8) Private Law H) Is the capacity to be the bearer of
rights and duties.
(8)
1.2 Differentiate between Public law and Private law. In your answer also discuss the
importance of the law of persons. (8)

Question 2 [ 26]
Discuss the influence the facts, in the below case scenarios, will have on the validity of the
relevant contract. Keep in mind the requirements for a valid contract when answering the
question.
2.1 Melany received a performance bonus from work and decides to spoil herself with a
new carpet. She is allergic to any synthetic material, and therefore she must purchase
a carpet that is made of leather. Benjamin imports carpets from India. Benjamin sells
Melany a carpet that is made of synthetic material for R15 000. Benjamin tells her that
the carpet is pure leather. The carpet was delivered on 16 September 2023. The next
day Melany wakes up with bumps all over her body and the doctor diagnosed it as an
allergic reaction to synthetic material. Upon investigation, it turned out that the carpet
was not pure leather as Benjamin told Melany. (14)

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 ASSIGNMENT – 2023 SECOND SEMESTER
BLA 152
BUSINESS LAW I

2. 2 Peter sells a specific racing horse to Bongani on 25 October 2023. They also agree
on the price of R50 000. Neither Peter nor Bongani knows the specific horse had died
in a storm the night before. (24 October 2023) (5)
2.3 Angie sells her blue lounge suit to Sophia. They agree that Sophia will pay the
purchase price over six months. After two payments Sophia decides that she would
rather buy a brown lounge suite as it will go better with her colour scheme and
therefore not continue with the payments to Angie. She informs Angie that she will
pay no further instalments as she now must pay for the brown lounge suite, and she
cannot afford to pay for both. Identify the form of breach of contract and list the
requirements for this specific form of breach of contract. (7)

Question 3 [8]
Discuss the requirements that must be met before a contract of purchase will be perfecta.
(The risk can pass to the buyer even before the transfer of ownership as long as the contract
has become perfecta.)

Question 4 [10]
4.1 Match the correct duty with the corresponding organ of a company. (4)
Organ Duty
4.1.1 Director A. Determines general policy
4.1.2 General meeting of members B. Administration of company
4.1.3 Company Secretary C. Fiduciary duties and obligations of care
and skill
4.1.4 Board of Directors D. Advertising directors on law and
legislation applicable to company.

E.g. 4.1.1 D

4.2 Tom and Jerry visit a brewery in Durban and both have a keen interest in distributing
or selling beer and making a profit for themselves, share the losses if there are any,
and share in the assets equal to the contributions they have made. They both agree
that when they get back to Pretoria, they will set up the business where Tom will
provide the capital needed and Jerry will provide his labour to collect the beer and
ensure deliveries are made to customers. Both Tom and Jerry will be able to enter
into agreements on behalf of their enterprise. Tom and Jerry have also agreed that in
addition to the profits, the value of the brewery and all of its equipment will belong to
both of them. Which form of enterprise exists between Tom and Jerry? Explain your
answer by referring to the naturalia of this agreement. (6)

Question 5 [11]
5.1 Name any three acts of insolvency and provide an explanation of each in your own
words. (6)

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 ASSIGNMENT – 2023 SECOND SEMESTER
BLA 152
BUSINESS LAW I

5.2 Classify each of the following impeachable dispositions as either a disposition not
made for value, a voidable preference, an undue preference, a collusive disposition or
a voidable transfer of business: (5)
5.2.1 Mr X was sequestrated on 7 April 2023. Four (4) months before he was
sequestrated. Mr X contacted one of his creditors, Mr Y, whom he told that he was
experiencing financial hardship. Mr Y and Mr X agreed that Mr X will transfer R20 00
to Mr Y with respect to a debt which he owed. Mr X and Mr Y agreed this transaction
will take place so that Mr. Y will receive his money regardless of the other creditors’
claims.
5.2.2 Freddy was sequestrated on 10 April 2023. Freddy had a debt owed to his brother,
Andrew, to the value of R50 000. Freddy knew his brother might get less if he were
to be sequestrated, therefore Freddy transferred the money to Andrew one (1)
month before he was sequestrated. Andrew was unaware of Freddy’s financial
position.
5.2.3 Dorothy was sequestrated on 15 May 2023. Four (4) months before her
sequestration, Dorothy transferred money to one of her creditors, Cindy, worth
R50 000. As a result of this transfer, Cindy was favoured over the other creditors,
but Dorothy did not intend to favour Cindy over the other creditors. As a result of this
disposition, Dorothy was no longer able to trade and had been declared insolvent.
5.2.4 Thabo was sequestrated on 17 June 2023. Five (5) months before he was declared
insolvent, he sold his Marley Mavidson motorcycle, which has a market value of
R400 000 to an acquaintance for R30 000.
5.2.5 Reabetswe was sequestrated on 23 March 2023. Two (2) months before she was
sequestrated, she sold her business to one of the residents in her local town.
Reabetswe did not publish a notice of her intended transfer in the Government
Gazette and did not comply with the requirements of the Insolvency Act.

Question 6 [9]
6.1 Mickey and Donald entered into a lease agreement. In terms of the agreement,
Mickey is the lessor and Donald is the lessee. The lease is in respect of a property
located in Midrand and the lease period is 12 months. The lease amount is R10 000
per month. Mickey approaches you concerning the lease agreement. Explain to
Mickey what the duties of the lessor and lessee are in terms of this contract. (6)
6.2 Kim and Ron entered into a contract of lease. Kim is the lessor and Ron is the lessee.
Ron approaches you for legal advice. In their contract of lease, they did specify what
would happen to improvements made by the lessee upon termination of the lease.
Explain to Ron which improvements he may remove. (3)

Question 7 [5]
State whether each of the following statements is true or false.
7.1 Copyright is concerned with the relationship between a legal subject and an
incorporeal legal object.
7.2 A mark that is inherently deceptive can be registered as a trademark.
7.3 Property insurance is an example of indemnity insurance.
7.4 Life insurance is an example of non-indemnity insurance.
7.5 The lease of a thing is a unilateral contract.

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 ASSIGNMENT – 2023 SECOND SEMESTER
BLA 152
BUSINESS LAW I

Question 8 [15]
Write a short research-based essay in which you discuss the requirements of patentability.
Marks will be awarded to the following:
A good introduction. (1 mark)
A body that discusses the requirements of an invention before it can be patented.
Also included in the body, is a case law discussion of at least three judicially decided cases
with respect to the requirements for patentability. (9 marks) Marks will be awarded for your
case name (1), the issue before the court, (1) the court decision. (1)
A concise conclusion that draws everything together. (1 mark)
Good academic writing. (1 mark)
The prescribed referencing style of the Journal of Contemporary Roman-Dutch Law
(THRHR) applies. The word limit is 1 000 words.

ASSIGNMENT TOTAL: [100]

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