UNIVERSITY EXAMINATIONS
May/June 2024
LPL4801
Law of Sale and Lease
Unique Number: 809106
100 Marks (3 hours)
First examiner: Prof C-J Pretorius
Second examiner: Adv R Ismail
External examiner: Dr R Brits
This paper consists of 8 pages.
This is a closed-book examination
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE
EXAMINATION QUESTIONS.
1. The examination question paper counts 100 marks.
2. It consists of 6 questions. Answer ALL of the questions.
3. The duration of the examination on the timetable is 3 hours: 08 June 2024 11:45 – 14:45.
4. In addition to the duration of the examination indicated on the timetable, you are given 30
minutes to FINALISE the uploading of your exam file. Your exam file must be uploaded via
the myExams platform BEFORE 15:15 on 08 June 2024 (South African Standard Time).
5. This a closed-book examination. While the examination is in progress, you are not allowed to
consult another person or any source in order to assist you to answer any of the questions
contained in this question paper. While the examination is in progress, you may not assist
another student in answering any of the questions contained in this question paper.
6. This examination is proctored via the Invigilator App. You are required to activate the Invigilator
app between 11:30 and 12:15 on 08 June 2024 (South African Standard Time).
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The QR code is below:
7. Your exam file must be uploaded on the myExams platform.
7.1 When ready to submit, open the Take-Home (Assignment) assessment again and click on the
Add Submission button. Note: You will not be able to submit your script on the Invigilator
App due to Turnitin applying to the examination. You will have 30 minutes from 14:45 to
submit your answer script on the myExams portal, as indicated under paragraph 4
above. Please note further that there will be no contingency link for this examination.
7.2. Note the file requirements such as:
a. File size limit.
b. Number of files that can be submitted.
c. File formats allowed.
7.3. Check the acknowledgment checkbox and upload your answers document and then click on
the Save changes button.
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7.4. Review your submission information regarding the status and click on your submission file link
to check if it's correct.
7.5. If you need to resubmit a file, you can click on the Edit Submission button. Note: You will need
to delete any existing files.
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7.6 Use proper PDF conversion software to create the final file for upload. Free PDF conversion
software is available on the Internet.
7.7 Add your student number and the module code in the file name. That will assist you to select
the correct document to upload during submission.
7.8 You are advised to preview your submission (answer script) to ensure legibility and that the
correct answer script file has been uploaded.
8. The cover page for your take-home exam must include your name, student number and the
module code.
9. Please also take note that your answers will be submitted to Turnitin. You must accept
the Turnitin agreement (EULA). If you do not accept the agreement your answers will
not be marked. Your take-home exam must be typed because it has to be submitted
through Turnitin. The maximum length is 20 pages (which includes the cover page). No
bibliography is required.
10. Your submission on the myExams platform on Moodle must be made in the form of one PDF
document. No scanned or hand-written submissions will be accepted. Only the last file
uploaded and submitted will be marked.
10.1 The exam answer file that you submit must not be password protected or uploaded as a “read
only” file.
10.2 Your examination answer file will not be marked if:
10.2.1 you send your examination answer file via email.
10.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
10.2.3 you submit your exam answer file on an unofficial examination platform.
10.2.4 you submit your examination answer file in the incorrect file format.
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10.2.5 you submit a password-protected document.
10.2.6 you submit your examination answer file late.
10.2.7 you submit your answer file from a registered student account that is not your own.
10.3 The mark awarded for an illegible examination answer file submission will be your final mark.
You will not be allowed to resubmit after the scheduled closing date and time of the exam.
11. If your answers are typed, ensure that the following requirements are adhered to:
11.1 The text must be typed in Arial font, size 12 with single line spacing within the paragraph, and
double line spacing after the paragraph.
11.2 The text must be justified.
11.3 All of the pages must be numbered in the right hand corner at the bottom of the page.
11.4 All margins must be 2.5cm, but the left margin must be 3cm.
11.5 South African English and not American English should be used. For example, the correct
spelling is “Labour” and not “Labor”.
11.6 Do not use abbreviations or SMS language.
12. PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDES (OR ANY
OTHER SOURCE). IF YOU DO, YOU WILL BE PENALISED AND A DISCIPLINARY
HEARING MAY FOLLOW.
13. The arguments that you make must be logical, well-structured and substantiated by all of the
relevant legal principles. Use the time given wisely.
13.1 Ensure that you give reasons for each answer. Substantiate your answers by referring to ALL
of the relevant authorities, e.g. sections from relevant legislation and/or court cases in the text.
13.2 A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the area of
work where the answer must be sought. Once you have done this, set out the relevant legal
principles. Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they set out the law in
some detail, but then do not illustrate how it applies to the factual situation they have been
asked to solve. Finally, state your conclusion.
14. You must complete the online declaration of own work when submitting.
14.1 By ticking the Honesty Declaration, you confirm that you have read (i) the University’s Policy
on Copyright Infringement and Plagiarism and the Student Disciplinary Code, which are both
available on myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student
values and plagiarism that is found at https://www.unisa.ac.za/sites/myunisa/default/Study-@-
Unisa/Student-values-and-rules.
14.2 Students suspected of dishonest conduct during the examinations will be subjected to
disciplinary processes. Students may not communicate with other students, or request
assistance from other students during examinations. Plagiarism is a violation of academic
integrity, and students who do plagiarise or copy verbatim from published work will be in
violation of the Policy on Academic Integrity and the Student Disciplinary Code and may be
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referred to disciplinary hearing. Unisa has a zero tolerance for plagiarism and/or any other
forms of academic dishonesty.
14.3 Unless a student is exempted because of disability or incarceration, students who have not
utilised invigilation tools will be deemed to have transgressed Unisa’s examination rules and
will have their marks withheld.
14.4 The use of Artificial Intelligence software (ChatGPT, etc) and online sources (Course Material)
during your online examination session is strictly prohibited.
PLEASE NOTE:
If you experience challenges with the Invigilator app, please WhatsApp message the technical helpdesk on 073
505 8273. Do not contact the lecturers.
For all other exam-related challenges, you may contact the SCSC on 080 000 1870 or e-mail
[email protected] or refer to Get-Help for the list of additional contact numbers.
REFER TO CASE LAW AND STATUTORY LAW WHERE RELEVANT.
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SECTION A LEASE
QUESTION 1
How does the Rental Housing Act 50 of 1999 affect the content of lease agreements regarding
essential terms (essentialia) and the form of lease agreements? Briefly discuss. (10)
QUESTION 2
List the obligations of the parties to a lease agreement with a brief explanation of each. (10)
QUESTION 3
Javier purchases a farm from Johanna and pays the purchase price in cash. However, on the
date when Javier is to take occupation he finds Majavula in occupation of the farm. Majavula
tells Javier that although his lease of a ten-year period with Johanna already expired three
years ago, he remained in occupation of the farm and Johanna accepted R50 000 and a third of
his crop yield at the end of each year, as payment for occupation. Javier insists that Majavula
must immediately vacate the farm, but Majavula refuses to do so and alleges that he (Majavula)
still has a valid lease with Johanna. Majavula effected the following improvements to the farm
without Johanna’s knowledge: he built a dam, erected a lapa, repaired an existing fence on the
farm and he planted maize which still has to be harvested. Majavula has also sublet a small
portion of the farm without Johanna’s knowledge.
3.1 Discuss whether there is a valid lease agreement between Majavula and Johanna, and
what the implications would be for Javier. (10)
3.2 Discuss whether Majavula is entitled to compensation for the improvements that he affected
to the farm. Also briefly discuss whether the position would have differed if the improvements
had been affected with Johanna’s consent. (10)
3.3 Discuss whether Majavula is entitled to sublet a portion of the farm without Johanna’s
knowledge. (10)
SECTION B SALE
QUESTION 4
List the obligations of the parties to a sale agreement with a brief explanation of each. (10)
QUESTION 5
Discuss the essential terms (essentialia) of a deed of alienation governed by the Alienation of
Land Act 68 of 1981. (10)
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QUESTION 6
Stephen sells grey market Bluetooth speakers online, which he purchases in bulk from an
overseas manufacturer. Stephen provides competitive pricing because the goods are “seconds”
for not meeting the manufacturer’s production and testing standards. Consequently, although
most of the products only have minor blemishes, some of the goods suffer from defects.
Stephens’s conditions of sale, which must be signed and returned via email by the purchaser,
provide that the purchaser only has a seven day period in which to return any patently defective
goods in the original packaging and, furthermore, that Stephen is not liable for any latent defects
in any products sold. Jane purchases a certain type of Bluetooth Loudspeaker from Stephen for
R8 000. Initially the speaker works very well and Jane is happy with it. However, after a month
she throws a dinner party at her flat and uses the speaker to provide background music. Jane
uses the speaker for several hours – much longer than she has used it before – and at one
point it suddenly stops functioning. A friend informs her that it is a common problem with that
type of speaker; extended use causes an electrical component to overheat, which in turn
causes the speaker to malfunction. Once the speaker has cooled down it again functions until it
overheats again. The friend also informs her that because of this the manufacturer has removed
the speaker from the market altogether, a fact of which Stephen is well aware. Jane contacts
Stephen about the issue the following day, but Stephen says that he is not liable because she
has had the speaker for more than seven days and, at any rate, he is not liable for latent defects
in any of the products he sells.
6.1 Advise Jane what her possible remedy or remedies against Stephen would be in terms of
the common law. (15)
6.2 Advise Jane what her possible remedy or remedies against Stephen would be in terms of
the Consumer Protection Act 68 of 2008, if it applied in the circumstances. (15)
TOTAL: [100]
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UNISA 2024
