QUESTION 1: Learning unit 1

Describe transformative constitutionalism in your own words. (2) [2]

QUESTION 2: Learning unit 2
2.1 How is a real right enforced? (2)
2.2 Read the following scenario and answer the question that follows:
Leo has a servitude to draw water from the farm of his neighbour Barry. He is, however,
unable to draw the water as the pipe is blocked. Leo now demands that Barry, as owner of
the servient land, cleans and maintains the duct.
Is Leo’s claim correct? Provide a reason for your answer. (2)
2.3 Consider the current position on land reform as described in section 25 of the
Constitution of the Republic of South Africa, 1996 and answer the following questions:
(a) Is expropriation without compensation currently possible under South African law?
Provide a reason for your answer. (2)
(b) Do you agree with the current expropriation arrangements, as set out in section 25?
Provide a reason for your answer. (2)
[8]
QUESTION 3: Learning unit 3
3.1 Indicate whether the performance in the agreement concluded in the following scenario
is a (a) specific performance, or (b) unspecified performance. Write down only “A” or “B”
as your answer:
Orabile gets drunk and accidentally fires his pistol near the fence separating his farm from Mzu’s
farm. The bullet from Orabile’s weapon kills Mzu’s bull. The bull has won awards at two local
competitions. Orabile undertakes to compensate Mzu for his loss. He will pay Mzu the amount an
independent appraiser determines as the value of the bull at the time of its death. (1)
3.2 Read the following statements and identify whether the contract described in each is
VALID, VOID or VOIDABLE. Write down only “valid”, “void” OR “voidable” as your answer:
(a) John buys two tickets to a movie from Andile. John is under the impression that he is
buying the tickets from a woman named Ayanda. (1)
(b) Xoli kidnaps Rabelani’s daughter and uses this as leverage to force Rabelani to sell his
house to Xoli at a very low price. (1)
(c) Mia tries to convince Lientjie to buy her old coffee machine. Mia lies to Lientjie and tells
her that the coffee machine was bought last month and that it had only been used twice.
Based on this false information, Lientjie buys the machine from Mia. (1)
3.3 Did good faith once again become a contractual requirement in South African law after
the judgment in Everfresh Market Virginia (Pty) Ltd v Shoprite Checkers (Pty) Ltd 2012 (1)
SA 256 (CC) was handed down? Explain your answer. (2)
[6]
QUESTION 4: Learning unit 4
4.1 Indicate whether the following statements are TRUE or FALSE, by writing down only
“True” or “False” as your answer:
(a) “Damage” refers to the sum of money a wrongdoer should pay as compensation for the
harm he has caused the victim by committing a delict. (1)
(b) The Romans classified delicts committed by individuals against each other as private
delicts. (1)
4.2 What legal remedy is available to the victim of iniuria? (2)
[4]
Please complete and include the academic-honesty declaration in your assignment
submission. This declaration is available on the next page of this document. An
electronic copy is also available under Additional Resources on myUnisa.
TOTAL [20]