QUESTION 1:

1. In the Maphango case, the SCA dismissed the tenants’ argument on the basis
that a single act of unfair conduct by the lessor doesn’t, in view of the court
constitute a “practice”.
The CC held that the lessees’ argument should have succeeded. It must be
determined whether the lessor’s act was unfair, and the tribunals should make
a fair and just ruling.

2. S 14 of the CPA sets a max fixed-lease period of 24 months. It is indeed

possible for the parties to conclude a lease agreement for a longer period if
the parties agreed and if there is financial proof that the lessee will benefit.

QUESTION 2:
1. Gordon v Slotar is applicable.
- According to this case, the “effective cause” principle is used to determine
which of the multiple agents involved, will get remuneration.
- If it cannot be determined which agent was the effective cause, both
agents will get remuneration.
Aida Real Estate case is also applicable.
- This case held that if an agent’s introduction of the property to a willing
and able buyer was the effective cause, and the buyer purchased the
property, the agent can get remuneration.

2. If X was not registered as a practitioner ito the Property Practitioners Act, she
would not be able to claim remuneration, because all estate agents must
contribute annually to get a Fidelity Fund Certificate. Agents without a Fidelity
Fund Certificate cannot claim payment, even if there is a contract.

3. For valid ratification, the following requirements must be met:

- The principal must have existed when the agent performed the act.
- The principal must have intended to ratify the unauthorised act.
- The act of the agent must have been valid from the outset.
- The principal must unilaterally declare the ratification within reasonable
time.
- The agent must have intended to act on behalf of a specific principal, not
themselves.

QUESTION 3:
1. Formal requirements for suretyship contract:
- Debtor doesn’t have to be aware of suretyship contract, and thus doesn’t
have to be a party to the contract.
- Suretyship may not be against public interest.
- For spouses married ICOP:
  Spouse will need consent of other spouse in order to be a surety.
 They don’t need written consent from other spouse if surety is
undertaken in spouse’s normal course of career, trade or business.
- According to S 6 of the General Law Amendment Act, a suretyship
contract must:
 Be in writing.
 The contract must be signed by the surety or on behalf of the
surety.
- According to Sapirstein case, the contract must also include the following:
 Identity of creditor.
 Identity of debtor.
 Identity of surety.
 Nature of principal debt.
 Amount of secured debt.
- According to the Fourlamel case, a surety may not sign a “blank
document”.
- According to the Jurgens case, a surety may not sign a black document
and allow the creditor to complete the info afterwards.

2. Benefits:
- Benefit of excussion.
- Benefit of division.
- Benefit of cession of actions.
- Recourse against sureties.
- Recourse against personal debtor.

QUESTION 4:
1. J
2. A
3. E
4. K
5. I
6. F
7. D
8. B
9. C
10. M