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University of Cape Town

Department of Private Law

University Examinations

October/November 2009

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'ection !

1. Are formal modes of conveyance preferable to informal ones? Illustrate your 

answer with examples drawn from civilian legal history.

2. “There must be some valid cause such as donation sale or other contract to ma!e

the delivery an effectual transfer of the property" and in the present case there

 being no such contract the property never passed to #olmes who could not

therefore give a good title to the defendant.$ %&e 'illiers () in Beyers v McKenzie

1**+ ,oord 12- at p 12/

0as Beyers v McKenzie correctly decided?

. A as!s “0ill you give me your gold bracelet?$ replies “3f course4$

Is this a valid contract in modern 5outh African law? 6xplain how 5outh African

law arrived at this position.

7. “If I thought that I was buying the (ornelian farm and you that you were selling

the 5empronian the sale is void because we were not agreed upon the thing sold.$

%8lpian &.1*.1.9 pr/

To what extent is this statement still true in modern 5outh African law? To theextent that it is not why is 5outh African law different from :oman law?

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'ection :

-. ( is the editor of a newspaper. #e publishes a story about a politician & alleging

that & ta!es bribes. ( sincerely believes the story to be true. #owever he isunwilling to disclose his sources and so cannot prove that this is the case.

6xplain how modern 5outh African law would approach such a case and describe

the historical forces that have shaped this approach.

;. To what extent does modern 5outh African law recognise a tort of nuisance?

. “5omeone who has paid a sum of money or transferred property to anothererroneously believing that it was due to that person when in fact it was not due is

entitled to recover the sum of money or the property. The condictio indebiti  is

available provided that the mista!e <whether of fact or of law= was excusable.$ %&

'isser “8n>ustified 6nrichment in &u ois et al <eds= Wille’s Principles of South

 African Law <9th ed )uta 2++= 1+71 at p 1+-*/

0rite an historical commentary on this extract from Wille’s Principles.

*. To what extent has the development of 5outh African private law been a matter of 

chance?

Ens/