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MODULE NAME: MODULE CODE:

ASPECTS OF PRIVATE LAW ASPL5111/5112/p

ASSESSMENT TYPE: ASSIGNMENT (PAPER ONLY)

TOTAL MARK ALLOCATION: 100 MARKS

TOTAL HOURS: 10 HOURS

By submitting this assignment, you acknowledge that you have read and understood all the rules
as per the terms in the registration contract, in particular the assignment and assessment rules in
The IIE Assessment Strategy and Policy (IIE009), the intellectual integrity and plagiarism rules in the
Intellectual Integrity Policy (IIE023), as well as any rules and regulations published in the student
portal.

INSTRUCTIONS:

1. No material may be copied from original sources, even if referenced correctly, unless it is a
direct quote indicated with quotation marks. No more than 10% of the assignment may
consist of direct quotes.
2. Save a copy of your assignment before submitting it.
3. Assignments must be typed unless otherwise specified.
4. All work must be adequately and correctly referenced.
5. Begin each section on a new page.
6. This is an individual assignment.

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Referencing Rubric – The IIE Legal Referencing Guidelines

Providing evidence based on valid and referenced academic sources Markers are required to provide feedback to students by indicating
is a fundamental educational principle and the cornerstone of high- (circling/underlining) the information that best describes the
quality academic work. Hence, The IIE considers it essential to student’s work.
develop the referencing skills of our students in our commitment to
achieve high academic standards. Part of achieving these high Minor technical referencing errors: 5% deduction from the
standards is referencing in a way that is consistent, technically overall percentage – the student’s work contains five or more
correct and congruent. This is not plagiarism, which is handled errors listed in the minor errors column in the table below.
differently.
Major technical referencing errors: 10% deduction from the
Poor quality formatting in your referencing will result in a penalty of overall percentage – the student’s work contains five or more
a maximum of ten percent being deducted from the percentage errors listed in the major errors column in the table below.
awarded, according to the following guidelines. Please note,
however, that Tashadence of plagiarism in the form of copied or If both minor and major errors are indicated, then 10% only (and
uncited work (not referenced), absent reference lists, or not 5% or 15%) is deducted from the overall percentage. The
exceptionally poor referencing, may result in action being taken in examples provided below are not exhaustive but are provided to
accordance with The IIE’s Intellectual Integrity Policy (0023). illustrate the error.
Required: Minor errors in technical correctness of Major errors in technical correctness of referencing
Technically correct referencing referencing style style
style Deduct 5% from percentage awarded Deduct 10% from percentage awarded
Consistency Minor inconsistencies. Major inconsistencies.
• The referencing style is generally • Poor and inconsistent referencing style used in
• The same referencing format consistent, but there are one or two footnotes and/or in the bibliography/ reference
has been used for all footnote changes in the format of footnote list.
references and in the referencing and/or in the bibliography. • Multiple formats for the same type of referencing
bibliography/reference list. • For example, page numbers for direct have been used.
quotes (footnote) have been provided • For example, the format for direct quotes
for one source, but not in another (footnotes) and/or book chapters (bibliography/
instance. Two book chapters reference list) is different across multiple
(bibliography) have been referenced in instances.
the bibliography in two different
formats.
Technical correctness Generally, technically correct with some Technically incorrect.
minor errors. • The referencing format is incorrect.
• Referencing format is • The correct referencing format has been • Concepts and ideas are typically referenced, but a
technically correct throughout consistently used, but there are one or reference is missing from small sections of the
the submission. two errors. work.
• The correct referencing format • Concepts and ideas are typically • Position of the references: references are only
for the module’s discipline has referenced, but a reference is missing given at the beginning or end of large sections of
been used, i.e., either APA, OR from one small section of the work. work.
Harvard OR Law • Position of the references: references • For example, incorrect author information is
• Position of the reference: a are only given at the beginning or end of provided, no year of publication is provided,
reference is directly associated every paragraph. quotation marks and/or page numbers for direct
with every concept or idea. • For example, the student has incorrectly quotes missing, page numbers are provided for
presented direct quotes (footnotes) paraphrased material, the incorrect punctuation is
• For example, quotation marks, and/or book chapters used (footnotes); the bibliography/reference list is
page numbers, years, etc. are (bibliography/reference list). not in alphabetical order, the incorrect format for
applied correctly in the a book chapter/journal article is used, information
footnotes, sources in the is missing e.g. no place of publication had been
bibliography/reference list are provided (bibliography); repeated sources on the
correctly presented. reference list.

Congruence between footnotes Generally, congruence between the A lack of congruence between the footnote
and bibliography/ reference list footnotes referencing and the referencing and the bibliography.
bibliography/ reference list with one or • No relationship/several incongruencies between
• All sources are accurately two errors. the footnote referencing and the
reflected and are all accurately • There is largely a match between the bibliography/reference list.
included in the bibliography/ sources presented in-text and the • For example, sources are included in-text, but not
reference list. bibliography. in the bibliography and vice versa, a link, rather
• For example, a source appears in the than the actual reference is provided in the
footnotes, but not in the bibliography/ bibliography.
reference list or vice versa.
In summary: the recording of In summary, at least 80% of the sources In summary, at least 60% of the sources are
references is accurate and are correctly reflected and included in a incorrectly reflected and/or not included in
complete. reference list. reference list.

Overall Feedback about the consistency, technical correctness and congruence between footnote referencing and bibliography:
........................................................................................................................................................................................................................................................................................
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

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Learning Units covered in this assignment:

• Learning Unit 2 - The Law of Contract

• Learning Unit 3 - Breach, variation and termination of contracts
• Learning Unit 4 - Specific Contracts: Sale, Lease and Credit Agreements

Themes addressed in this assignment:

1.Reaching the agreement
2.Problems with the formation of the contract
3.Formalities, Certainty, Possibility and Lawfulness of contracts
4.Breach of contract
5.Contract of Sale
6.Credit Agreements and the National Credit Act 68 of 2008

At the end of this assessment, students should be able to:

1.Explain the requirements for a valid offer and a valid acceptance;
2.Apply the requirements pertaining to contracts concluded through the post and telephonically;
3.Explain what is meant by an option contract;
4.Apply the required contractual formalities to a set of facts;
5.Describe the five forms of breach of contract that occur;
6.Discuss the nature of the contract of sale;
7.Explain the rights and duties of the parties to a contract of sale;
8.Discuss the application, criteria and scope of National Credit Act 68 of 2008.

Assignment Instructions
Type all relevant instructions for students that are specific to this assignment here.

These must include:

• Do the prescribed reading of Learning units 2, 3 and 4;

• writing requirements: as per question
• referencing requirements: IIE’s Law referencing has to be used throughout your answer.

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This paper consists of 4 questions.

Question 1 (Marks: 50)

Assignment Instructions
• Do the prescribed reading of Learning units 2, 3 and 4;
• writing requirements: as per question
• referencing requirements: IIE’s Law referencing has to be used throughout your answer.
• Additional research is required beyond your prescribed textbook.
• word count limitations: no less than 750 words and no more than 1500 words (3 pages).

NB – Your lecturer will not mark beyond the maximum word count for the question. For example,
if you exceed the 1500-word limit by submitting a 1700-word essay, you could lose all marks
allocated to any sections/arguments that fall into the 200 words not marked.
Read the case study below and follow the instructions as stipulated below:

Case Study
Rushiel wants to sell his house. He is currently leasing the house to Tasha. Rushiel and Tasha have
a written contract that is valid for another 3 months. Tasha has to pay R15000 rent per month.
Tasha is responsible for keeping the house neat and tidy. Rushiel has garden services that works on
the garden on a weekly basis. All that Tasha has to do is open the gate for the garden services.

Rushiel knows that the house will receive a good offer if the house has a pool. Rushiel also wants
to paint the house on the inside and outside.

Rushiel wants to see how much work needs to be done at the house. Rushiel stops at the house
without notifying Tasha. As the gate is locked, Rushiel climbs over the fence. He sees that the
garden is in a terrible state and that the grass is about a meter high. He then enters the house
through a door where the lock broke. He walks through the house and sees that the carpets are
burnt, the kitchen is too dirty to enter, that 12 windows in the house are cracked and 5 doors have
holes in them. Tasha also made structural changes as she had a wall removed without permission.
The walls are full of holes as Tasha likes to put up pictures.

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Rushiel contacts Tasha and demands that she meet him at the house immediately. Tasha is very
upset when she finds Rushiel in her house without her permission. Rushiel demands that Tasha
move out within a month.

The next week Rushiel calls Tasha to notify her that the painter will be there on the Monday to
start painting the outside of the house. Tasha refuses to open the gates for the garden services
and the painting contractors.

Rushiel agrees with Tasha that an electrician will attend to the stove to make sure that it is in good
working order. Tasha is home when the electrician arrives and opens the house for him. The
electrician notifies Rushiel that he cannot do maintenance on the stove as there is no stove
anymore.

Rushiel puts the house on Propertiesingreatcondition.co.za and states that the house is in
immaculate condition. Bongani calls Rushiel and agrees to buy the house for R500 000. As Bongani
is currently in England, he agrees to buy the house without viewing it, as Rushiel confirmed in
writing that the house is in immaculate condition and that the house has a pool.

Upon Bongani’s arrival in South Africa, he discovers that the house is in terrible state, that there is
no pool and he was not aware that there was a tenant in the house. Bongani wants to cancel the
agreement.

In an essay format, discuss the following:

• the requirements for a valid agreement (Learning Unit 2);
• the nature of a lease agreement (Learning Unit 4);
• the rights that Rushiel infringed upon in terms of a lease agreement (Learning Unit 4);
• the duties Tasha infringed upon in terms of the lease agreement (Learning Unit 4);
• Discuss breach by the debtor when Tasha refused to open the gate for the painting
contractor and the garden services (Learning Unit 3);
• the breach due to impossibility when the contractor found that there was no stove to fix
(Learning Unit 3); and
• how misrepresentation influences an agreement (Learning Unit 2);

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You are expected to write your answers in an essay format. You have to include the following:
a) Introduction;
b) Each point above should be a separate paragraph;
c) Conclusion.
• You are expected to paraphrase and reference your work.
• You are expected to apply the law to the facts and not simply state it.
• You will be awarded marks for skill.
• Refer to the Rubric for guidance.

Question 2 (Marks: 20)

Multiple-choice questions: Select one correct answer for each of the following. In your answer
booklet, write down only the number of the question and next to it, the number of the correct
answer.

Q.2.1 A valid contract has the following requirements: Consensus, capacity to act, (2)
legality, possibility and formalities. Should one of these requirements not be
met, the contract will be:

(1) Void
(2) Valid
(3) Voidable
(4) Valid if corrected

Q.2.2 A minor has the following capacity to act: (2)

(1) Full
(2) Limited
(3) Unlimited
(4) Options (1) and (3) only.

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Q.2.3 Which of the following are not true offers? (2)

(1) An invitation to make an offer
(2) Calling for tenders
(3) Auctions
(4) All of the above

Q.2.4 A contract is voidable in the following circumstances: (2)

(1) Misrepresentation
(2) A material mistake
(3) Duress
(4) Options (1) and (3) only

Q.2.5 _______________ of a contract of sale are that the seller binds himself to (2)
deliver something to the buyer and the buyer binds himself to pay the price
once delivered.
(1) Naturalia
(2) Incidentalia
(3) Essentialia
(4) None of the above

Q.2.6 John has agreed to build a treehouse at Muzi’s house. Muzi has paid in full. John (2)
does not deliver the treehouse as agreed, he keeps giving Muzi excuses and
promises to bring it the next day, but never does. This is an example of which
form of breach?

1) Default by the debtor

2) Impossibility of performance
3) Default by the creditor
4) Repudiation

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Q.2.7 Susan enters into an agreement with Thomas to fix her tumble dryer. They agree (2)
that Thomas will be at her house to do the repairs on Monday at 09:00. Susan is
not home and Thomas cannot repair the tumble dryer. This is an example of
which form of breach?
1) Default by the debtor
2) Impossibility of performance
3) Default by the creditor
4) Repudiation

Q.2.8 Which of the following is not a requirement for set-off? (2)

1) The debts must be between the same to persons in the same capacities.
2) The debts do not have to be of the same kind of nature.
3) The debts must both be due and payable.
4) The debts must both be liquidated.

Q.2.9 Which one of the following is not a duty of the seller? (2)
1) A duty of care until the goods are delivered;
2) A duty to accept delivery;
3) A duty not to make false statements;
4) A duty to make the goods available to the buyer;

Q.2.10 Which one of the following is not a duty of the buyer? (2)
1) Duty to transfer ownership;
2) Duty to pay the purchase price;
3) Duty to accept delivery;
4) Duty to reimburse the seller for expenses.

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Question 3 (Marks: 10)

Match column A to column B
1 Release A replacing an old duty with a new one
2 Novation B Obligations come to an end after a certain
period of time has passed
3 Delegation C Relieving one or both of the parties of their
duties
4 Compromise D transferring duties
5 Prescription E Settling a legal dispute by making a new
agreement

Question 4 (Marks: 20)

Indicate whether the following statements are true or false. Provide a reason for your answer. If
you do not provide a reason, you will not receive any marks.

Q.4.1 A contract of sale may be defined as a contract in which one party (the seller) (2)
undertakes to deliver the merx to another party (buyer/purchaser), and the
purchaser, in exchange for this, agrees to give him another item (merx) in return.

Q.4.2 Essentialia refer to those terms that apply automatically to that type of contract. (2)

Q.4.3 The item to be sold and the price to be paid are essential to a sales contract. This is (2)
also known as the essentialia of a contract of sale.

Q.4.4 A lease agreement is for a permanent period of time. (2)

Q.4.5 The lessor has the obligation to pay the rent amount due every month. (2)

Q.4.6 If the lessee owes rent to the landlord, the landlord can take steps to hold on to (2)
property of the lessee’s (which is on the leased premises) until the rent is paid.

Q.4.7 The National Consumer Protection Act regulates credit agreements. (2)

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Q.4.8 The parties to a credit agreement are the consumer and the credit provider. (2)

Q.4.9 A loan between a parent and child falls within the ambit of a credit agreement. (2)

Q.4.10 The National Credit Act will apply to transactions where the credit provider is (2)
outside the country.

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Marking Rubric: Question 1

MODULE NAME: ASPECTS OF PRIVATE LAW MODULE CODE ASPL5111/5112/p

STUDENT NAME: STUDENT NUMBER:

Marking criteria Fail/Does not meet the Average/meets the Above average/is above Excellent
required standard required standard the required standard (75% - 100%)
(0% - 49%) (50% - 64%) (65% - 74%)
In order to be awarded full marks for Work needs additional Work meets minimum Good work. Advanced work.
these elements have to be content or skills to be standard. Revision
demonstrated: competent required
Research and review of literature: 0-1 2 3 4
● Have at least two new sources ● Used less than ● Adequately ● Good integration ● Fully Integrated at
beyond the content of the textbook required number integrated new of new sources; least two new
been identified? of resources; sources ● Good sources
● Are these sources relevant to the ● Demonstrated Demonstrated the demonstration of Demonstrated an
focus areas of this essay? partial to no relevance of the the relevance of advanced ability to
● Have the resources been integrated competence in sources and the sources and articulate the
into the essay? applying additional adequately the various relevance of the
sources to the set captured the viewpoints sources,
of facts. various viewpoints expressed by incorporated the
expressed by authors, well various views and in
authors, but lacks captured. particular principles
sufficient depth established by the
court.

0-1 1.5 2 3

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1. Language, spelling and grammar: ● Numerous ● Some errors in ● Minor errors in ● No grammatical and
● Has the correct grammar, grammatical and grammar, grammar, spelling errors.
punctuation, and spelling been spelling errors. punctuation and punctuation and Writing flows easily
employed throughout? ● No control of spelling. spelling. and succinctly.
● Was the formal register ● Register is ● Register is ● Formal legal
language/academic register generally generally language and
maintained throughout? appropriate for appropriate for academic register
this academic this academic maintained
work. work. throughout
2. Content: 0-19 20-25 26-29 30-40
o Demonstrated little o Demonstrated o Demonstrated o Excellent
● Have the relevant issues been
or no adequate good understanding of the
identified, concepts explained and
understanding of understanding of understanding the question.
correctly applied?
the question. the question. question. o Well substantiated
● Are the conclusions drawn properly o Inadequate o Conclusions o Conclusions conclusions
substantiated by application of the interpretation of reached are fair reached show indicating a depth of
legislation, the Constitution and/or the prescribed text and do not reflect some depth of understanding.
the opinions of authors? and/or depth of understanding and
unsubstantiated understanding. are well-
explanations were substantiated.
provided.
Format, flow and coherency: 0-1 1.5 2 3
● Was a formal essay structure o Structure ● Structure fairly ● Good structure ● Well- structured
employed? inconsistent consistent ● Correct font and line ● Correct font and line
● Is the text formatted? o Inconsistent font ● Correct font and line spacing consistently spacing consistently
● Are the introduction, body and and line spacing. spacing used used.
conclusion clearly discernible? ● There is no logical o Good flow ● Excellent flow
flow ● Flow is average

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● Have headings and sub-headings o text not justified or

been used to distinguish the various not consistently
topics under discussion? justified.
● Does the flow of the essay make it
easy to read?

● Is the text justified?

● Was 1.15 spacing used?

/50

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