Multiple choices
1. Which statement is INCORRECT?
1 A contract can be a bilateral juristic act.
2 A contract entails promises or undertakings on
... [Show More] one or both sides.
3 An undertaking in a contract that a certain state of affairs exists, or has existed, is known as a warranty.
4 The conclusion of a contract can never be multilateral.
5 Freedom of contract means that the parties can agree to anything that is possible and lawful.
2. X buys Y’s car for R50 000. X pays the purchase price and Y delivers the car to X. Y has the intention to transfer ownership and X the intention to receive ownership. What type of agreement(s) did X and Y conclude when Y delivered the car to X?
1 A contract.
2 An agreement extinguishing a debt.
3 A real agreement.
4 Option 1, 2 and 3. 5 Option 2 and 3.
3. X makes an offer to sell her watch to Y for R2 500. X and Y agree on 15 May that X’s offer will be open for acceptance until 31 May. On 20 May X informs Y in writing that she (X) intends to sell the watch to Z on 30 May. On 21 May Y informs X that she (Y) accepts the offer, but X refuses to sell the watch to her (Y). Y wants to compel X to sell the watch to her. How would you best advise Y?
1 Cancel the contract and seek to interdict X from selling the watch to Z. 2 Enforce the contract and seek to interdict X from selling the watch to Z.
3 Cancel the contract and seek an order for specific performance against X.
4 Enforce the contract and cancel the contract simultaneously through the use of an interdict.
5 Cancel the pre-emption agreement between X and Z.
4. X and Y conclude a contract. When will their contract be VOID?
1 The conclusion of the contract is expressly prohibited by legislation as a crime.
2 X operates under an error in motive.
3 X threatens to kill Y if she does not conclude the contract.
4 X made an intentional misrepresentation to Y before the conclusion of the contract.
5 X made a dictum et promissum to Y before the conclusion of the contract.
5. Liability for which form of misrepresentation may NOT be contractually excluded?
1 An innocent misrepresentation.
2 A negligent misrepresentation.
3 A grossly negligent misrepresentation. 4 A fraudulent misrepresentation.
5 A dictum et promissum. [Show Less]