ITL152+%28BA+Law+2024+-+Bell%29+Topic+2-5+Tutorial+-+08-04-2024+%28Online%29.pdf

1 INTRODUCTION TO LAW (ITL 152) 8 April 2024 Topic 2-5: Recap & Tutorial ONLINE We will start the session at 13h50 Please ensure that your microphone is muted once you join to avoid background noise 2 OVERVIEW Topic 2 Topic 3 History of SA law Sources of SA law Topic 4 Topic 5 Classification of SA l...

1 INTRODUCTION TO LAW (ITL 152) 8 April 2024 Topic 2-5: Recap & Tutorial ONLINE We will start the session at 13h50 Please ensure that your microphone is muted once you join to avoid background noise 2 OVERVIEW Topic 2 Topic 3 History of SA law Sources of SA law Topic 4 Topic 5 Classification of SA law Aspects of private law 3 QUESTION 1 Amina & Barend are BA Law students at Stadio. In their free time Amina and Barend play guitar together and write songs. Amina and Barend also perform at open mic nights from time to time where they often play some of their own original music. Charlene works as manager at Downtown Eatery (Pty) Ltd, a small restaurant and bar. She hears Amina and Barend play at an open mic night one evening and enjoys their music. She invites Amina and Barend to play at the restaurant on Saturday evening to provide live entertainment to guests. Charlene concludes an agreement with Amina and Barend to play at Downtown Eatery (Pty) Ltd on Saturday evening. Charlene agrees to pay them R5 000 for playing at the restaurant. 1.1 Identify which of the legal subjects referred to in the scenario is/are natural persons and which is/are juristic persons Natural persons Amina Barend Charlene Juristic persons Stadio Downtown Eatery (Pty) Ltd 4 QUESTION 1 Amina & Barend are BA Law students at Stadio. In their free time Amina and Barend play guitar together and write songs. Amina and Barend also perform at open mic nights from time to time where they often play some of their own original music. Charlene works as manager at Downtown Eatery (Pty) Ltd, a small restaurant and bar. She hears Amina and Barend play at an open mic night one evening and enjoys their music. She invites Amina and Barend to play at the restaurant on Saturday evening to provide live entertainment to guests. Charlene concludes an agreement with Amina and Barend to play at Downtown Eatery (Pty) Ltd on Saturday evening. Charlene agrees to pay them R5 000 for playing at the restaurant. 1.2 Identify Amina and Barend’s subjective right that arises from their agreement with Charlene. Also identify the applicable legal object. Subjective right Personal right Legal object Performance In the form of right to receive payment 5 QUESTION 2 Fenix hears Amina and Barend play at Downtown Eatery and particularly enjoys one of their original songs. Fenix is also a budding guitar player and wants to become a professional performer. Fenix is still very inexperienced at writing songs, and he copies some lyrics and part of the melody from Amina and Barend’s song. Briefly explain if Fenix has infringed any of Amina and Barend’s legal rights. If so, identify the relevant legal right(s) and legal object(s). [4 marks] Yes, Fenix did infringe on Amina and Barend’s rights by copying their lyrics and melody (1 mark). Amina and Barend have an immaterial property right (1 mark). This subjective right exists in respect of their ideas in the form of the lyrics and melody for their original song (1 mark) and the legal object is known as intellectual or immaterial property (1 mark). 6 QUESTION 3 Which one of the following factors is not a requirement for the determination of whether or not a custom has become legally binding? A. That the custom has been in use for a long time. B. C. D. That the custom is fair. That the custom is certain and clear. That the custom is generally recognised and faithfully observed by the whole country. D. That the custom is generally recognised and faithfully observed by the whole country. Reason: A custom may become a legal rule if it is generally recognised and faithfully observed within a particular community or society. It does not have to be observed by the whole country. 7 QUESTION 4 The operation of subjective rights may broadly be divided into categories of absolute and relative rights. Relative rights are enforceable against the whole world. Absolute rights are enforceable only against a specific person or group of persons. True or False? False. Reason: Absolute rights are enforced against the whole world (example – ownership); relative rights are enforceable against a specific person or group of persons (example – rights in contract) 8 QUESTION 5 Adam and Michaela are BA Law students who start a business together. A year into their venture the two get into an argument which results in the dissolution of the business. The dissolution leads to a dispute between the two about what portion of the assets belonging to the business each will be entitled to. Which part of the law will determine the steps that legal representatives of Adam and Michaela respectively will need to take to have the matter resolved in court? Procedural law. A. B. C. D. Common law. Substantive law. Administrative law. A. Procedural law Reason: The steps that must be taken and procedures that must be followed to have a matter resolved before court are prescribed by procedural law. 9 QUESTION 6 Which of the following are primary sources of South African law? (i) The Constitution of South Africa (ii) A judgement handed down by the South Gauteng High Court (iii) A journal article written by a well-established legal academic Common law. (iv) A. (i), (ii), & (iv) B. C. (i) & (ii) (i), (ii), (iii), & (iv) D. (iii) & (iv) B. (i) The Constitution, (ii) a judgement, & (iv) common law Reason: A journal article is regarded as a secondary source of law 10 QUESTION 7 Which of the following is not a matter that will be determined in accordance with rules of private law? A. B. A divorce A contract of sale for the sale of stationary to the State C. D. Theft of your laptop Contesting a will C. Theft of your laptop Reason: Theft is a crime, and the matter will be dealt with in terms of the rules of criminal law which forms part of public law. 11 QUESTION 8 The rules of customary or indigenous law is not recognised a source of South African law. True or False False Reason: customary or indigenous law is recognised as a primary source of South African law and parties to a dispute may choose to have their dispute resolved in terms of customary law rules 12 QUESTION 9 Common law in South Africa consists of a mixture of Roman-Dutch law and English law. True or False True Reason: In terms of the narrow understanding of common law, common law in South Africa consists of Roman-Dutch law (which includes Roman law, customary law and legislation that applied in Holland in the 17th and 18th century) and English law 13 QUESTION 11 Briefly explain how the precedent system will apply in the situation where the Constitutional Court does not hand down a unanimous judgement in a matter. Assume that two out eleven judges disagreed with the outcome reached by the other nine judges. In terms of the precedent system a judgement of the Constitutional Court will be binding on all other courts when they deal with disputes on the same legal question (1 mark). Only the ratio decidendi/reasons for the decision of the majority judgement will be binding on the lower courts (1 mark). Other obiter remarks / remarks on matters not strictly necessary to answer the main legal question made by the majority will have persuasive power, but will not be binding on lower courts (1 mark). The judgement by the minority will have the same status as the obiter remarks in the majority judgement (1 mark).