MW ROOS

STUDENT NR: 3457 045 4

SUBJECT: CLA 1501/2017
ASSIGNMENT 01, SECOND SEMESTER
ASSIGNMENT NUMBER: 739205

QUESTION 1

Stare decisis can be translated as “the decision stands”, which implies that a particular court is bound to follow the
dicision of a superior court, and of an equal level court, within the same jurisdiction. A court is also bound to apply or
uphold judgements, it made in previous cases of the same nature except where the court in question, can prove that a
previous decision was incorrect.

QUESTION 2

a) iii
b) i
c) iv
d) v
e) vi
f) ii

QUESTION 3

An agreement can only be a source of legal obligation, if the parties in the agreement acquire personal rights against
each other, that entitles them to performance from the other parties. Should the agreement meet the requirements of
a contract, giving rise to enforceable rights to the parties of the agreement, then it is a source of legal obligation. If
there are no enforceable rights given to any party through the agreement, then no legal obligation can arise.

QUESTION 4

For Mr. BEE to be able to claim compensation from the parents, who brought their children, his invitation had to create
a contract, with legal obligations. For the invite to be a legal contract, the intention of the parties and the consequences
related to their actions, must be looked at. The intention of the invitation was that the parties meet for a social
gathering, being Mr. BEE’s 50th birthday party. The agreement to meet each other at the hotel, did not create any legal
obligation for any of the parties. The consequences relating the parties actions, also indicate that the agreement does
not constitute a contract, in that even though Mr. BEE expressly stated that no children should attend, the penalty for
not complying, did not state that compensation of R250.00 per child, would be payable. Further more, no delict has
been committed by party nor has any party been unjustifiably enriched.

QUESTION 5

a) No, there isn’t any consensus, as the parties are not aware of the others intentions, thus they can not reach a true
agreement. Both parties should agree on the specifics of the offer and no misrepresentation should exist.
b) Yes, consensus is reached between the parties. The fact that Lesiba is sick at the time of the offer, does not prevent
him from reaching consensus with Makatu, over the price of the vehicle. Only if the illness affects Lesiba’s abbility to
think or act normally, it would make him unfit to contract or reach consensus.

QUESTION 6

False : A minor under the age of 7 years of age, has no capacity to act and thus can not enter into any contract,
whatsoever. A minor under the age of 7 can also not receive rights or obligations through any contract.

QUESTION 7

Yes, the contract is legally possible to perform. Even though the courts would not enforce such a gambling contract,
such a contract still leads to a legal obligation between the contracting parties, being created and which the law would
recognise as a legal obligation.