Question 1. Discuss The Impact Of The Consumer Protection Act Upon The Law Of Contract With Reference To Its Aims, Objectives, Scope, National Regulatory Institutions, And Sanctions?
The CPA is bound to have a huge impact on the behavior of businesses in South Africa, and the regulation of contract. The number one cause of the Act is to protect customers from exploitation in
the market, and to promote their social and monetary welfare.
More specifically, it pursuits to:
Establish a prison framework for the success and renovation of a client market this is fair, handy, green, and responsible, for the advantage of clients normally;
Promote honest business practices;
Protect purchasers from unconscionable, unjust, or unreasonable business practices.
The scope of the Act may be very wide. It applies to:
Most transactions concluded within the everyday path of commercial enterprise between providers and customers within South Africa, in addition to;
The advertising of products and services that could result in such transactions, and;
The items and services themselves once the transaction has been concluded.
A provider is any individual (inclusive of a juristic person, trust, and organ of State) who markets any items or services.
A customer includes not best the end-purchaser of goods and services but also:
Relatively small corporations inside the deliver chain (asset fee or annual turnover beneath the edge determined via the Minister)
The Act does not follow to any transaction in terms of which items and services are promoted or provided:
To the State
To a juristic individual with an asset value or annual turnover above the threshold
Credit agreements and Transactions exempted by means of the Minister
These rights are included and enforced now not only thru the courts, but the National Consumer Commission and the National Consumer Tribunal. Failure to conform with provisions of the Act might entice numerous sanctions, commencing with compliance notices and leading likely to the imposition of fines and criminal consequences. Contractual provisions in contravention of the Act may be declared null and void to the quantity of non-compliance.
Question 2. List And Very Briefly Discuss The Requirements For A Valid Offer And Acceptance?
Must be firm. (That is to say, with the goal that its acceptance will name into being a binding settlement.)
Must be entire. (It need to contain all of the cloth terms of the proposed settlement.)
Must be clean and positive. (It ought to be enough for the addressee to answer simply “yes” for a agreement to come back into being.)
Must meet the necessities of the Consumer Protection Act.
Must be unqualified. (It need to be a entire and unequivocal assent to every detail of the offer.)
Must be via the man or woman to whom the provide turned into made Bird v Summerville. (E.G. The offer to promote farm A can't be common by A and B together.)
Must be a aware reaction to the provide – Bloom v American Swiss Watch Co. (A person cannot be given an offer if he was no longer aware of it.)
Must be inside the form prescribed by way of the offeror, if any.
General Law Interview Questions
Question 3. State The Ways An Offer May Be Terminated?
Rejection of the provide
Acceptance of the provide
Effluxion of the prescribed time, or of an affordable time
Death of either birthday celebration
Revocation of the offer
Loss of legal ability to act
Question 4. Discuss And Distinguish Between An Option And A Right Of Pre-emption?
An alternative is a substantial provide, strengthened by an agreement in phrases of which the offeror undertakes to preserve his offer open to the offeree for a distinct duration.
A proper of pre-emption is a kind of proper of choice. It is given by using a potential supplier to a potential patron, to present the consumer preference if the potential dealer should determine to promote.
There are tremendous variations among the 2. In the case of an choice to shop for, the grantor has already made a firm provide to the grantee, and the electricity to finish the sale lies completely inside the arms of the grantee.
With a pre-emption agreement, but, there is as yet no firm offer “at the table” – merely an challenge to make an offer to the grantee if the trigger event occurs (commonly, if the grantee decides to sell the belongings). The grantor thus retains the electricity to determine whether or now not to promote, and cannot be pressured to do so until or until the trigger occasion has took place.
Patent law Tutorial
Question five. State The Requirements For Duress And Undue Influence?
DURESS (wrong pressure that amounts to intimidation):
Actual violence or affordable worry
The fear ought to be because of the risk of some sizable evil
It need to be the hazard of an imminent or inevitable evil
The threat or intimidation have to be contra bonos mores
The moral pressure should have brought about damage
UNDUE INFLUENCE (The party who seeks to set apart the contract have to establish):
The other party obtained an influence over the birthday celebration
This impact weakened his or her powers of resistance and rendered his will compliant
The other birthday celebration used this have an effect on in an unscrupulous manner to steer him or her to comply with a transaction that
turned into prejudicial to her or him
she or he would no longer have concluded with ordinary freedom of will
Bankruptcy Law Interview Questions
Question 6. State The Elements For Commercial Bribery As Held In Extel Industrial (pty) Ltd V Crown Mills (pty) Ltd?
paid or promised
via one party, the briber
to another, the agent (agent in true experience or simply a go-among)
who's capable of exert have an effect on over
a 3rd celebration, the important
without the foremost’s information, and
for the direct or indirect gain of the briber
to go into into or maintain or regulate a contractual dating
with the briber, his important, partner, or subordinate.
Question 7. State The Requirements For Restitutio In Integrum?
Misrepresentation through the other birthday celebration
Intention to induce
Criminal Law Interview Questions
Question 8. State The Elements Of A Fraudulent Misrepresentation?
that is, to the know-how of the representor, false;
which the representor meant the representee to behave upon;
which brought on the representee to act; and
that the representee suffered harm as a end result
Question nine. Define Misrepresentation?
A misrepresentation is typically a false announcement of past or present reality (not law or opinion) made with the aid of a contractual birthday party to every other prior to the belief of a contract and concerning some depend or circumstance relating to the contract.
Business Law Interview Questions
Question 10. Define Dictum Et Promissum?
A material announcement made by way of the vendor to the client during negotiations, bearing at the nice of the res vendita and going beyond mere praise and commendation.
Question 11. State The Test To Determine If A Restraint Of Trade Clause Is Enforceable (basson Test)?
Is there an hobby of 1 birthday celebration worth of safety?
If so, is that hobby threatened via the behavior of the opposite birthday party?
If so, does such hobby weigh up towards the interest of the other birthday party to be economically lively and efficient?
Is there another element of public coverage that requires that the restraint need to be maintained or rejected?
Corporate Law Interview Questions
Question 12. Discuss The Factors Taken Into Consideration In Determining Whether The Legislator Implicitly Intended The Contract To Be Void For Statutory Illegality?
What is the item of the statute and what mischief (harm) is the statute directed towards? If the validity of the agreement brings about the harm the statute is directed in opposition to, it's miles a demonstration that the legislator intended the settlement to be void.
Does the enactment impose a crook sanction? This is generally a demonstration that the legislator supposed the contract to be void. However, this is not the case in which the sanction presents good enough protection against the mischief that the statute is directed against.
Does the enactment simply serve to protect the sales of the State? If the solution is in the affirmative, it's far an illustration that the legislator intended the agreement to be valid.
Does the provision simply shield individuals or does it contain a public hobby that requires protection by using voiding the settlement? If the provision is for the protection of the general public, it might be a demonstration that the legislator meant the agreement to be void.
What are the effects of a specific interpretation of the settlement? A stability-of-convenience check is employed that questions whether or not nullity of the agreement could cause greater inconvenience and justice than permitting the illegal behavior to stand.
General Law Interview Questions
Question thirteen. Distinguish Between Initial Impossibility Of Performance, Supervening Impossibility Of Performance, And Prevention Of Performance?
If a performance is objectively impossible at the time of conclusion of a agreement, no obligation arises. To render overall performance not possible, it isn't always sufficient that a selected celebration can not carry out, that is, subjective impossibility. The impossibility have to be so severe that nobody can render the performance – that is, it need to be objectively not possible. An example of not possible performance is wherein A consents to sell his house to B, however unbeknown to them the residence has already been destroyed by means of a fireplace. Initial impossibility of performance prevents a contract from arising in any respect.
If, after the belief of the agreement, performance turns into objectively not possible with out the fault of the debtor, because of an unavoidable and unforeseen occasion, this is called supervening impossibility of overall performance, and the duty to perform is also, as a wellknown rule, extinguished. The requirements for supervening impossibility of overall performance are:
the performance should be objectively not possible; and
the impossibility must be unavoidable by means of an affordable man or woman.
If, after the realization of the agreement, overall performance on both aspect becomes not possible because of the fault of both the debtor or the creditor, the agreement is not terminated, however the celebration who rendered the performance impossible is guilty of a breach of settlement known as prevention of performance. It isn't always essential that the overall performance have to be objectively not possible in order for the breach to get up; subjective impossibility will suffice.
Question 14. Distinguish Between Suspensive Conditions, Resolutive Conditions, Suspensive Time Clauses, And Resolutive Time Clauses?
SUSPENSIVE CONDITION: Performance of an responsibility (that is an uncertain future event which might also or might not occur) is suspended, and enforceable only when that occasion has been fulfilled or has failed.
RESOLUTIVE CONDITION: Performance of responsibilities should operate in complete, however will come to an stop if an unsure destiny event does or does not happen.
SUSPENSIVE TIME CLAUSE: Performance of duties postponed/suspended until an occasion or time that is sure to reach within the future.
RESOLUTIVE TIME CLAUSE: Obligations terminate at a positive date or taking place of a sure destiny occasion.
Question 15. Briefly Discuss Tacit Terms?
A tacit term is one which the parties did no longer in particular agree upon, however which (without whatever being said) each or all of them anticipated to form part of their (oral or written) agreement. It is a wordless expertise having the equal felony impact as an specific time period. In ascertaining whether a agreement contains a tacit term, the courts regularly rent the officious bystander take a look at:
The courtroom supposes that an impartial bystander had been present while the events concluded their agreement and had requested the events what could appear in a situation they did not foresee and for which their specific settlement did no longer offer. If they were to agree that the solution to the stranger’s question was self-obtrusive, they are taken to have supposed to incorporate the time period into their settlement and to have tacitly agreed on it.
Patent regulation Interview Questions
Question sixteen. What Is The Parol Evidence Rule?
The parol proof rule announces that in which the parties supposed their agreement to be absolutely and ultimately embodied in writing, proof to contradict, vary, upload to, or subtract from the phrases of the writing is inadmissible.
Question 17. State The Different Forms Of Breach Of Contract?
Prevention of performance
Legal Interview Questions
Question 18. Discuss Mora Debitoris And Mora Creditoris And Distinguish Between Them?
Mora debitoris is the unjustifiable failure of a debtor to make timeous overall performance of a positive duty that is due and enforceable and still able to overall performance regardless of such failure.
The debt need to be due and enforceable.
The time for performance need to have been constant, either within the contract or by way of a subsequent demand for performance, and the debtor ought to have failed to carry out timeously.
Such failure to carry out on time ought to be without legal justification.
Mora ex re occurs where the debtor fails to carry out on or earlier than the due date expressly or impliedly stipulated by means of the events in their contract. Mora ex persona takes place where no time for overall performance has been stipulated, and the creditor needs that the debtor perform on or earlier than a exact date that is reasonable within the instances (by means of a letter of demand, or oral demand).
Mora creditoris is a form of breach of settlement by using a creditor. It occurs in instances where a creditor is obliged to lend his or her cooperation, and culpably fails to achieve this timeously.
The debtor ought to be below an responsibility to make the performance to the creditor (the performance need now not be enforceable or due, but).
Cooperation of the creditor should be essential for the performance with the aid of the debtor of his responsibility.
The debtor ought to tender performance to the creditor.
The creditor have to postpone in accepting performance.
The put off have to be because of the fault of the creditor.
Bankruptcy Law Interview Questions
Question 19. Define Repudiation?
Repudiation is the demonstration with the aid of a party, by means of phrases or conduct, and with out lawful excuse, of an unequivocal goal no longer to be certain through the agreement or through any obligation forming a part of the settlement.
Question 20. State The Requirements Than An Innocent Party Must Prove In Order To Succeed With A Claim For Damages?
A breach of contract has been committed by way of the defendant.
The plaintiff has suffered monetary or patrimonial loss.
There is a authentic hyperlink among the breach and the loss.
As a count of criminal causation, the loss isn't too far flung a outcome of the breach.
Labour Law Interview Questions
Question 21. Write Notes On The Difference Between General Damages And Special Damages?
General damages are the ones which float naturally and normally from the breach in query, and the regulation presumes that the parties contemplated them as a likely end result of the breach. The guilty celebration is summarily held accountable for fashionable damages.
In contrast, special damages are those that do not glide obviously and generally from a selected shape of breach. The guilty birthday celebration is only liable for unique damages in sure instances. The courts use concepts to decide the volume of liability in the case of unique damages: the contemplation precept, and the convention principle.
In terms of the contemplation principle, liability is confined to damages that the events surely or fairly ought to have contemplated as a probable consequence of the breach.
According to the convention precept, legal responsibility is confined to the ones damages that may be proved on the basis of the settlement. The innocent celebration has to show both an explicit or implied provision concerning the payment of damages.
Question 22. Discuss The Exceptio Non Adimpleti Contract Us With Regard To Its Definition, The Principles Of Reciprocity, How Reciprocity Is To Be Determined, As Well As When The Defence Can Be Raised?
The exceptio non adimpleti contractus is a defence that may be raised in the case of a reciprocal settlement. It is a treatment geared toward retaining the settlement alive. It permits a party to withhold his or her own performance, and to keep off a claim for such performance until such time as the opposite birthday party has both completed or tendered proper overall performance of his or her very own obligations beneath the agreement.
The exceptio non adimpleti contractus is available when requirements are met:
the two performances ought to be reciprocal to one another
the alternative birthday party ought to be obliged to perform first, or at least concurrently with the birthday celebration elevating the exceptio. The exceptio will also be raised wherein a celebration has done incompletely.
Question 23. State The Requirements For A Valid Cession?
An entitlement via the cedent to do away with the non-public proper
The ability of the non-public proper to be ceded
A switch settlement
Absence of prejudice to the debtor
Legal Assistant Interview Questions
Question 24. State The Ways In Which Obligations May Be Terminated?
Release and waiver
Effluxion of time
Supervening impossibility of overall performance
Criminal Law Interview Questions
Question 25. Write Brief Notes On Release And Waiver?
A release is an specific or tacit settlement that the debtor be freed from an duty or obligations. It consequently has the effect that the debtor want not carry out. The debtor may be launched in entire or in element. The time period “waiver” is regularly used synonymously with the idea of a launch agreement. However, every now and then waiver is used to indicate a unilateral act of forsaking a proper or treatment that exists for the only benefit of the birthday party leaving behind the right or treatment.
Question 26. Write Brief Notes On Novation?
A novation is an agreement to extinguish or update one or more existing responsibilities with a new obligation. Accessory responsibilities to the unique debt, which include a pledge or suretyship, are extinguished by way of an settlement to novate the debt. The parties may conform to update the debtor with a third party, provided of course that the third celebration agrees to such novation.
Replacement of a debtor via novation is known as delegation. If an authentic duty is void, a novation of the duty can also be void. But if the novation itself is void, the original responsibility will live on.
Real Estate Agent Interview Questions
Question 27. Write Brief Notes On Compromise?
Compromise is an agreement in terms of which parties settle a dispute or a few uncertainty between themselves. Compromise differs from actual novation in that compromise does no longer require a valid vintage responsibility to have existed. The motive of a compromise is to relaxed a final settlement of a dispute or uncertainty, every now and then as to whether or not there's a debt at all.
Business Law Interview Questions
Question 28. Write Brief Notes On Set-off, And The Requirements There For?
Where events have claims towards every different, and the necessities for setoff are met, the money owed can extinguish each different. If they are no longer for the equal quantity, the smaller debt is extinguished and the larger debt is reduced via the quantity of the smaller debt.
The following 4 necessities should be met for set-off to perform:
The debts ought to exist among the identical humans within the identical
The debts should be of the equal type or nature
Both debts ought to be due and enforceable
Both debts have to be liquidated