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

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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?

Applications for sequestration Signup and view all the answers

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

Registrars Signup and view all the answers

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

Supreme Court of Appeal Signup and view all the answers

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

Accrual system Signup and view all the answers

What happens to contracts entered into by mentally deficient persons?

They are void Signup and view all the answers

How is mental deficiency determined in legal terms?

Through a court declaration Signup and view all the answers

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

Their cognitive capacity at the time of contracting 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?

'Lucid moment' Signup and view all the answers

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

Person certified as mentally deficient Signup and view all the answers

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

They are not affected by the cancellation Signup and view all the answers

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

Emotional harm 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?

The guilty party 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?

To decide the series of events Signup and view all the answers

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

The innocent party also need not return the guilty party's performance 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?

The innocent party Signup and view all the answers

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

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

What is rectification in the context of contracts?

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

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

Performing the contract poorly Signup and view all the answers

What is the role of the creditor in a contract?

The party who has the corresponding right to receive the performance Signup and view all the answers

What type of contracts are reciprocal contracts?

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

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

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

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

A resolutive condition depends on the occurrence of an uncertain future event, while a time clause is based on a predetermined time. 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?

It will not be repaid to David. Signup and view all the answers

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

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

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

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

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

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

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

When an ascertainable moment arrives. Signup and view all the answers