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    2010FEBAC102

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    audreytm03
    The document is an exam for a course in commercial law. It contains 7 questions about various legal topics related to contracts and commercial transactions. Students are instructed to answer 5 of the 7 questions, which cover issues like agency, partnership, product liability, negotiable instruments, and contract defenses.

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    2010FEBAC102

    Uploaded by

    audreytm03
    8 views3 pages
    The document is an exam for a course in commercial law. It contains 7 questions about various legal topics related to contracts and commercial transactions. Students are instructed to answer 5 of the 7 questions, which cover issues like agency, partnership, product liability, negotiable instruments, and contract defenses.

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    causes of unemployment in zimbabwe from 2016 to date

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    The document is an exam for a course in commercial law. It contains 7 questions about various legal topics related to contracts and commercial transactions. Students are instructed to answer 5 of the 7 questions, which cover issues like agency, partnership, product liability, negotiable instruments, and contract defenses.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    8 views3 pages

    2010FEBAC102

    Uploaded by

    audreytm03
    The document is an exam for a course in commercial law. It contains 7 questions about various legal topics related to contracts and commercial transactions. Students are instructed to answer 5 of the 7 questions, which cover issues like agency, partnership, product liability, negotiable instruments, and contract defenses.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    GREAT ZIMBABWE UNIVERSITY

    FACULTY OF COMMERCE
    DEPARTMENT OF ACCOUNTING & FINANCE

    BACHELOR OF COMMERCE DEGREE PART 1 SEMESTER 1

    COURSE CODE
    COMMERCIAL LAW AC102

    DATE: FEBRUARY 2010

    DURATION: 3 Hours
    ______________________________________________________

    INSTRUCTIONS TO CANDIDATES

    1. ANSWER ANY FIVE QUESTIONS

    2. EACH QUESTION CARRIES 20 MARKS.

    3. START EACH ANSWER ON A FRESH PAGE

    4.CITE RELEVANT CASES WHERE APPROPRIATE

    Page 1 of 3
    QUESTION 1
    In November 2008, John who wishes to sell his house approached Infield real Estate
    having been attracted by a newspaper advertisement of the agency which read:
    “Our motto, no sale, no charge”.

    John was given a document to sign which he was assured was nothing more than a
    mandate empowering the agency to act on his behalf. At the bottom of the document
    which he was asked to sign there was printed in small type the following clause:
    “The agency shall have the sole selling rights and shall receive a commission of 15%
    based on the rateable value of the property, if the property is sold within three months
    whether directly through the agency or otherwise”.

    In January 2009 John sold his house to a work colleague, James who had responded
    to a notice which John had placed on a notice board at their workplace.

    John had since received a letter from In field Real Estate demanding payment of 15%
    commission “for services rendered”.

    Advise John on his contractual rights or obligations arising from the situation.
    [20 marks]

    QUESTION 2
    Jane and Judith are in partnership to run a hair dressing salon. While Judith is away
    on holiday, Jane received an attractive offer to purchase four new hair driers from
    Dealers Ltd. She accepts the offer and takes delivery of the hair driers. Upon the
    return of Judith from holiday, Jane makes out a cheque to Dealers Ltd for the
    purchase price of the hair driers and Judith refuses to countersign the cheque on the
    grounds that she was not consulted and that Jane had no authority to make the
    purchase.

    Jane comes to you for advice. Discuss the legal position. [20 marks]

    QUESTION 3
    A contract entered into by an agent with a third party without the authority of the
    principal is capable of being ratified.

    In this respect you are required to explain the concept of and requirements for
    ratification. [20 marks]

    QUESTION 4
    Discuss the law relating to the passing of risk in a contract of sale. [20 marks]

    QUESTION 5
    Define a contract of suretyship and explain the common law rights available to a
    surety when sued by the creditor. [20 marks]

    Page 2 of 3
    QUESTION 6
    A customer bought a bottle of a carbonated drink. After consuming half of its
    contents, she discovered a decomposed snail at the bottom of the bottle. She
    suffered shock and impairment of health.

    Discuss the nature of the manufacturer’s liability if any. [20 marks]

    QUESTION 7
    Explain the following:
    (i) Holder in due course. [5 marks]
    (ii) in pari delicto/par delictum. [5 marks]
    (iii) supervening impossibility. [5 marks]
    (iv) nemo dat quod non habet. [5 marks]

    END OF EXAMINATION!

    Page 3 of 3

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