Foreign Law 2|Page A judge will to the law of other modern countries
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Questions and Answers

Which court has jurisdiction as the final instance over matters relating to the interpretation, protection, and enforcement of the constitution?

  • Constitutional Court (correct)
  • Magistrates' Courts
  • Supreme Court of Appeal
  • High Courts

    • Where is the seat of the Constitutional Court located?

  • Cape Town
  • Bloemfontein
  • Johannesburg (correct)
  • Pretoria

    • Which court serves as a Court of Appeal for the Higher Courts?

  • High Courts
  • Magistrates' Courts
  • Supreme Court of Appeal (correct)
  • Constitutional Court

    • What types of proceedings are exclusively heard by the High Courts?

    <p>Applications for sequestration</p> Signup and view all the answers

    Who is responsible for the smooth functioning, including the issue of process, in the superior courts?

    <p>Registrars</p> Signup and view all the answers

    Which court has unlimited appeal jurisdiction except for matters within the exclusive jurisdiction of the Constitutional Court?

    <p>Supreme Court of Appeal</p> Signup and view all the answers

    Which system are spouses subject to by default unless excluded by an antenuptial contract?

    <p>Accrual system</p> Signup and view all the answers

    What happens to contracts entered into by mentally deficient persons?

    <p>They are void</p> Signup and view all the answers

    How is mental deficiency determined in legal terms?

    <p>Through a court declaration</p> Signup and view all the answers

    What must be proven once a person has been certified as mentally deficient?

    <p>Their cognitive capacity at the time of contracting</p> Signup and view all the answers

    What term is used to describe a moment when a mentally deficient person can acquire contractual rights and duties?

    <p>'Lucid moment'</p> Signup and view all the answers

    Who has the burden of proof once a person is certified as mentally deficient?

    <p>Person certified as mentally deficient</p> Signup and view all the answers

    What happens to the accrued rights when a contract involving continuing obligations is cancelled?

    <p>They are not affected by the cancellation</p> Signup and view all the answers

    What type of loss cannot be claimed in a breach of contract?

    <p>Emotional harm</p> Signup and view all the answers

    Who is liable for all damages, even when the breach is merely one factor that contributed to the loss?

    <p>The guilty party</p> Signup and view all the answers

    What is the main task when deciding which events may fairly be blamed on the person who breached the contract?

    <p>To decide the series of events</p> Signup and view all the answers

    What happens if it is impossible for the guilty party to return the innocent party's performance?

    <p>The innocent party also need not return the guilty party's performance</p> Signup and view all the answers

    What should be placed in a position as if the contract had been performed in a breach of contract?

    <p>The innocent party</p> Signup and view all the answers

    What type of evidence is allowed to prove the existence of a contract?

    <p>Evidence not relating to a term of the contract but to prove the existence of the contract as a whole</p> Signup and view all the answers

    What is rectification in the context of contracts?

    <p>A process of improving a written contract to reflect the true intentions of the parties</p> Signup and view all the answers

    What is a positive mal-performance in the context of breaching a contract?

    <p>Performing the contract poorly</p> Signup and view all the answers

    What is the role of the creditor in a contract?

    <p>The party who has the corresponding right to receive the performance</p> Signup and view all the answers

    What type of contracts are reciprocal contracts?

    <p>Contracts where both parties are simultaneously obliged to perform and entitled to performance</p> Signup and view all the answers

    What is the parol evidence rule in the context of contracts?

    <p>A rule that prevents parties from submitting extrinsic evidence that is in conflict with the terms of the written contract</p> Signup and view all the answers

    What is the main difference between a resolutive condition and a time clause in a contract?

    <p>A resolutive condition depends on the occurrence of an uncertain future event, while a time clause is based on a predetermined time.</p> Signup and view all the answers

    In the given example where Carl agrees to let his house to David on the condition that if Carl gets married, the house must be returned, what happens to the rental money paid by David?

    <p>It will not be repaid to David.</p> Signup and view all the answers

    How does the time clause in a contract differ from the suspensive time clause?

    <p>The time clause involves certain and determined times, while the suspensive time clause postpones performance until an ascertainable moment.</p> Signup and view all the answers

    What happens to a contract with a resolutive condition when the specified event occurs?

    <p>The contract is dissolved and contractual rights and duties cease to exist.</p> Signup and view all the answers

    How does the existence of uncertainty differ in a resolutive condition and a suspensive time clause?

    <p>A resolutive condition involves uncertain future events, while a suspensive time clause postpones performance based on certain moments.</p> Signup and view all the answers

    When does the duty to perform arise in a contract with a suspensive time clause?

    <p>When an ascertainable moment arrives.</p> Signup and view all the answers

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