LPL4801 MULTIPLE CHOICE QUESTIONS.

PAST EXAM MULTIPLE CHOICE QUESTIONS NOVEMBER 2014 1 Which one of the following statemetns is INCORRECT? a) A thing which has not yet come into existence can be let b) Commodus usus always includes the right to make a profit where the lessee runs a business from the leased premises c) In certain circumstances the lessor may be liable for consequential damages resulting from a defect in the thing let d) Remission of rent may be viewed as a specific application of supervening impossibility of performanc e) The lessor must undertake to deliver a thing to the lessee for the temporary use andenjoyment in return for the payment of the rent (2) (b) pg 21 SG 1 2 According to which decision does a lessee of immovable property automatically retain a right to occupation upon a change in ownership of the property? a) De Jager v Sisana 1930 AD 71 b) Genac Properties JMB (Pty) Ltd v NBC Administrators CC 1992 (1) SA 566 (A) c) Genna-Wae Properties (Pty) Ltd v Medio-Tronics (Natal) (Pty) Ltd 1995 (2) SA 926 (A) d) Ndlovu v Ngcobo, Bekker and Anothre v Jika 20303 (1) SA 113 (SCA) e) Goldberg v Buytendag Boerdery Beleggings (Edms) Bpk 1980 (4) SA 775 (A) f) Weilbach v Grobler 1980 (3) SA 998 (O) (Nov 2012 &Nov 2013 &May 2014)(2) (c ) Cases 3 According to the Placaat of 1658 a tenant of rural land who has made improvements without the landord’s consent has a) A right to compensation for useful improvements before expiration of the lease b) A right to compensation for useful improvements after expiration of the lease before vacating the property c) A right to compensation for useful improvements after expiration of the lease after vacating the property d) A right to remove the improvements before expiration of the lease e) A right to remove the improvements after expiration of the lease (2) (c or d ) 4 Supervening impossibility of performance finds concrete expression in the law of lease in the guise of a) The Placcat of 1658 b) The lessor’s hypothec c) Remission of rent d) The huur gaat voor koop rule e) None of the above f) The duty to give vacuo possessio (May 2011 &May 2014) (2) (c) 5 Goldberg v Buytendag Boerdery Beleggings (Edms) Bpk 1980 (4) SA 775 (A) applies the general contractual principles applicable to a) Repudiation b) Mora debitoris c) Mora creditoris d) Positive malperformance e) Specific performance (Nov 2012) (2) (b) Cases 6 Tina and Maphela agree orally that Tina will lease her beaty salon to Maphela on condition that Maphela will give Tina 2 spa days per month, as rent Which one of the following statements is CORRECT? A) No contract of lease will come into being, because the amount of the rent is not certain or ascertainable B) No contract of lease will come into being if it is agreed that maphela’s occupation of the beauty salon is permanent C) No contract of lease will come into being, because the rent must sound in money, that is the lessee must compensate the lessor with money D) No contract of lease will come into being, because the agreement relates to immovable property and is not embodied in written documents E) No contract of lease will come into being, because the parties did not specify where payment must be made