LML4810 23 TO 30 OCTOBER 2020 EXAMINATION PAPER

Just before the lockdown in March which was precipitated by the Covid-19 pandemic you bought a new laptop which came with a one - month subscription on MS Word programme. A month later you decide to buy software over the Internet from CyberWare to extend the subscription. While going through the process of buying the software you read on the terms and conditions of the website that there are no refunds for anything purchased via the website. The contract is concluded by clicking on an icon “Submit Order”. After that you are taken to another page that says you have successfully purchased the software. Your software package is delivered automatically immediately after confirmation of the order. It transpires that the package is defective and that you would not be able to use it. Answer the following questions and use authoritative sources. (a) Does South African law recognise this type of transaction, and what are the legal implications thereof? (10) (b) Compare and contrast the provisions in the SADC Model Law on Electronic Transactions and Electronic Commerce of 2012 and the UNCITRAL Model Law on Electronic Commerce of 1996 on the transaction you have identified in (a) above. (10) (c) Can you cancel the contract on the basis of the product being defective? (5) [25] QUESTION 2 You are a final year LLB student thinking about registering for a Masters’ degree (LLM) by research. Your work towards this qualification will involve spending lots of time doing research on the Internet which include reading and downloading relevant information from electronic books and journals. Your intention is to include these sources in your LLM dissertation. Before you start this exercise, you need to be sure of a number of issues regarding the following: 2.1 How do you avoid copyright infringement in terms of ‘fair use’ as prescribed by the Copyright Act no. 98 of 1978? .......................................CONTINUED.............................