Test
BUSL 2
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Preguntas del test (20)
1X 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...- Acession
- Bdelegation
- Cnovation
2Several consequences arise from the valid cession of a personal right, namely:
- AThe claim is transmitted to the cessionary in its entirety,without all benefits and privileges;
- BThe cessionary also receives the right with all disadvantages attached to it;
- CThe right forms part of the patrimony of the cessionary, not of the cedent;
- DThe cessionary alone has the right to collect the debt;
- EOnce ceded, the right may not be ceded to another person by the cedent, but can be ceded by the cessionary;
- FThe debtor can no longer perform validly against the cedent;
- AThe claim is transmitted to the cessionary in its entirety,without all benefits and privileges;
3The natural way in which a contractual relationship is terminated is called...
- Adischarge
- Bcompletion
- Ccession
- Dtermination
4This type of agreement occurs where a creditor releases a debtor from his or her contractual obligations.
- Arelease
- Bset-off
5Novation 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.
- AVerdadero
- BFalso
6In terms of delegation, choose the correct statements:
- ADelegation is a specific form of novation and entails the transfer of a debtor's obligation(s).
- BA legally valid delegation may only take place with the permission of the debtor.
- CIt occurs when a new party is introduced as the debtor in the place of the initial debtor.
- ADelegation is a specific form of novation and entails the transfer of a debtor's obligation(s).
7Set-off takes place when debts which are owed reciprocally by two parties are extinguished.
- AVerdadero
- BFalso
8Choose the correct requirements that need to be met in order for set-off to occur:
- AThe debts must be similar in nature
- BThe debts must be between the same persons or their families
- CThe debts must be claimable
- DThe debts must be liquidated (monetary value certain or can be ascertained)
- EThe debts must be tangible
- AThe debts must be similar in nature
9Prescription has to do with the gaining or losing of rights over the passage of time.
- AVerdadero
- BFalso
10Select the correct prescription periods:
- A32 years for debts secured by a mortgage bond, judgment debts and taxes
- BThree (3) years for debts arising from contract or delict
- CSix (6) years for debts arising from a negotiable instrument
- D12 years for debts owed to the state resulting from a loan or the sale or lease of land from the state
- A32 years for debts secured by a mortgage bond, judgment debts and taxes
11As 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.
- AVerdadero
- BFalso
12In general, the remedy of execution may be claimed in respect of all contracts.
- AVerdadero
- BFalso
13Choose the most correct answer
- AFor an interdict to be granted, there are 3 requirements:
A clear right
Injury
No other effective ordinary remedy - BFor an interdict to be granted, there are 3 requirements:
A clear right
Injury to personal property
No other effective ordinary remedy - CFor an interdict to be granted, there are 3 requirements:
A right
Injury
No other effective ordinary remedy
- AFor an interdict to be granted, there are 3 requirements:
14If the contract does not contain a cancellation clause, the innocent party has the right to cancel if the repudiator repudiates any obligation.
- AVerdadero
- BFalso
15In the absence of a cancellation clause, the creditor may cancel in the following three circumstances only:
- AIf there is a specific date for performance
- BBy sending the debtor a notice of intention to cancel
- CIt 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
- DIt 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
- EBy sending the creditor a notice of intention to cancel
- FIf there is a specific time for performance
16In general, the remedy of execution may be claimed in respect of all contracts.
- AVerdadero
- BFalso
17The major consequence of cancellation is the
- Atermination of obligations
- Btermination of duties
- Ctermination of rights
18"Restitution" means
- AIf either one or both parties have performed, whatever has been performed by the other party must be returned to them or their family.
- BIf either one or both parties have performed, whatever has been performed by the other party must be returned to them.
19If 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.
- AVerdadero
- BFalso
20The right to cancel must be exercised within a reasonable time.
- AVerdadero
- BFalso
Información
- Descripción
- Test your knowledge
- Autor
- tessammorris
- Idioma
- English
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