3412302
Description
Quiz by tessammorris, updated more than 1 year ago
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Created by tessammorris
almost 9 years ago
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Question 1
Question
X contracts with Y to build him a tennis court. X is unable to build the tennis court so Z takes over the job and performs for Y.
This is called...
Answer
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cession
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delegation
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novation
Question 2
Question
Several consequences arise from the valid cession of a personal right, namely:
Answer
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The claim is transmitted to the cessionary in its entirety,without all benefits and privileges;
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The cessionary also receives the right with all disadvantages attached to it;
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The right forms part of the patrimony of the cessionary, not of the cedent;
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The cessionary alone has the right to collect the debt;
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Once ceded, the right may not be ceded to another person by the cedent, but can be ceded by the cessionary;
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The debtor can no longer perform validly against the cedent;
Question 3
Question
The natural way in which a contractual relationship is terminated is called...
Answer
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discharge
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completion
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cession
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termination
Question 4
Question
This type of agreement occurs where a creditor releases a debtor from his or her contractual obligations.
Answer
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release
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set-off
Question 5
Question
Novation is an agreement between the cedant and cessionary in terms of which an existing obligation is extinguished and a new obligation is created in its place.
Answer
- True
- False
Question 6
Question
In terms of delegation, choose the correct statements:
Answer
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Delegation is a specific form of novation and entails the transfer of a debtor's obligation(s).
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A legally valid delegation may only take place with the permission of the debtor.
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It occurs when a new party is introduced as the debtor in the place of the initial debtor.
Question 7
Question
Set-off takes place when debts which are owed reciprocally by two parties are extinguished.
Answer
- True
- False
Question 8
Question
Choose the correct requirements that need to be met in order for set-off to occur:
Answer
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The debts must be similar in nature
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The debts must be between the same persons or their families
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The debts must be claimable
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The debts must be liquidated (monetary value certain or can be ascertained)
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The debts must be tangible
Question 9
Question
Prescription has to do with the gaining or losing of rights over the passage of time.
Answer
- True
- False
Question 10
Question
Select the correct prescription periods:
Answer
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32 years for debts secured by a mortgage bond, judgment debts and taxes
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Three (3) years for debts arising from contract or delict
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Six (6) years for debts arising from a negotiable instrument
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12 years for debts owed to the state resulting from a loan or the sale or lease of land from the state
Question 11
Question
As a rule, sequestration terminates the contracts concluded by the insolvent before person became insolvent, but certain contracts are indeed terminated, for example a contract of mandate is terminated when the estate of the mandator’s estate is sequestrated.
Answer
- True
- False
Question 12
Question
In general, the remedy of execution may be claimed in respect of all contracts.
Answer
- True
- False
Question 13
Question
Choose the most correct answer
Answer
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For an interdict to be granted, there are 3 requirements: A clear right Injury No other effective ordinary remedy
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For an interdict to be granted, there are 3 requirements: A clear right Injury to personal property No other effective ordinary remedy
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For an interdict to be granted, there are 3 requirements: A right Injury No other effective ordinary remedy
Question 14
Question
If the contract does not contain a cancellation clause, the innocent party has the right to cancel if the repudiator repudiates any obligation.
Answer
- True
- False
Question 15
Question
In the absence of a cancellation clause, the creditor may cancel in the following three circumstances only:
Answer
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If there is a specific date for performance
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By sending the debtor a notice of intention to cancel
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It is deemed to be a tacit term that time is of the essence and the contract may be cancelled if the debtor fails to perform on or before the stipulated time
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It is deemed to be a tacit term that time is of the essence and the contract may be cancelled if the creditor fails to perform on or before the stipulated time
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By sending the creditor a notice of intention to cancel
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If there is a specific time for performance
Question 16
Question
In general, the remedy of execution may be claimed in respect of all contracts.
Answer
- True
- False
Question 17
Question
The major consequence of cancellation is the
Answer
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termination of obligations
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termination of duties
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termination of rights
Question 18
Question
"Restitution" means
Answer
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If either one or both parties have performed, whatever has been performed by the other party must be returned to them or their family.
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If either one or both parties have performed, whatever has been performed by the other party must be returned to them.
Question 19
Question
If the innocent party suffers loss, because the guilty party has breached the contract, the innocent party is not entitled to recover those damages arising after the breach of contract that the innocent party could have prevented or reduced by his own conduct.
Answer
- True
- False
Question 20
Question
The right to cancel must be exercised within a reasonable time.
Answer
- True
- False
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