30 Questions
What is the legal effect of a minor's unassisted contract under the Consumer Protection Act 2008 (CPA)?
Voidable
What is the main difference between the legal effect of a minor's unassisted contract and a limping contract?
Voidable vs. Ratified
Under which Act does the National Credit Act 2005 (NCA) apply?
National Credit Act 2008 (NCA)
What determines whether the Consumer Protection Act 2008 (CPA) or Common Law applies to a specific contract?
Nature of goods/services sold
In a situation where a contract is ratified, when does it become valid?
On the date it is ratified
If John, who is a law lecturer at UCT, were to sell a bike from a dealership, which Act would apply to the transaction?
Consumer Protection Act 2008 (CPA)
What information is NOT included in a case citation/notation?
Plaintiff's occupation
In an appeal case, what is the main focus of the reconsideration by judges?
Reassessing existing facts
When can a case be taken on review instead of appeal?
When the judge makes inappropriate comments
What makes African Customary Law particularly complex?
It constantly changes and differs between communities
In relation to African Customary Law, when can courts apply it?
When both parties choose to apply it
What sets African Customary Law apart from other sources of law?
Its dynamic nature and complexity due to community variations
What type of acceptance is considered a rejection and a counter offer?
Conditional acceptance
According to the Consumer Protection Act 2008 Section 31, what type of marketing is prohibited?
Negative option marketing
In what manner must acceptance be communicated to the offeror if expressly set out by the offeror?
In writing
Under the information theory, when is acceptance considered valid?
When it is communicated to the offeror
Which scenario results in an invalid acceptance of an offer?
Accepting through silence
What type of marketing is exemplified by sending unordered books with a note stating acceptance by silence?
Negative option marketing
What makes an offer complete and clear in a contract?
Containing the essential terms of the contract
Which of the following is an example of a complete offer?
"Would you like to buy my car for R50,000?"
In a sale contract, what are considered essential terms?
The items sold and the price
Why is the offer 'Would you like to buy my car for between R40,000 and R50,000' not complete?
It lacks essential terms as the price is not fixed
In the context of contracts, what does 'unconditional acceptance' mean?
Accepting the offer without any limitations or additional conditions
Why was Cliff's tweet potentially problematic in the context of his contract with Mnet?
It contained racist comments
In which limited situations does the Consumer Protection Act (CPA) apply?
When selling/leasing is in the ordinary course of business
What exception does the CPA create regarding canceling a transaction?
Cancelling without breaching the contract during a cooling-off period
Under the Consumer Protection Act, what does 'direct marketing' refer to?
Approaching someone electronically to offer goods/services
When does Section 16 of the CPA not apply to a transaction?
When ECTA section 44 applies
What determines whether ECTA section 44 or CPA section 16 applies to an online transaction?
Whether section 44 of ECTA has exceptions
If you order books online and ECTA section 44 does not apply, which cooling-off period can you use according to the content?
CPA Section 16 cooling-off period
Test your knowledge on interpreting case citations in law reports. Learn how to identify parties involved, year of judgement, volume, country, page number, and court from a case citation. Practice identifying these components in different case citation examples.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free