UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG EXAMINATIONS: NOVEMBER 2007 SUBJECT, COURSE AND CODE: AGRICULTURAL LAW 110 (ALAW110) DURATION:

3 HOURS MARKS: 60

EXTERNAL EXAMINER: Professor M Kidd INTERNAL EXAMINER: Ms M Mamashela -----------------------------------------------------------------------------------------------------------STUDENTS ARE REQUESTED, IN THEIR OWN INTERESTS TO WRITE LEGIBLY PLEASE NOTE: This question paper consists of 2 pages. Please see that you have them all.

THIS PAPER CONTAINS FIVE (5) QUESTIONS. PLEASE ANSWER ANY THREE (3) QUESTIONS. QUESTION 1 Land Reform (Labour Tenants) Act 3 of 1996. (a) Set out and discuss the process that must be followed in order for a labour tenant to acquire ownership of the land s/he occupies. (10) Set out and discuss five factors that the Land Claims Court must take into account when adjudicating a labour tenants claim in (a) above. (10) [20 MARKS]

(b)

QUESTION 2 Contract The primary element of a contract is an agreement between two or more parties. An agreement comes into being when there is an offer by one party (an offeror) and an acceptance of that offer by the other party (an offeree) (a) Write a short note on the rules pertaining to an offer and an acceptance in contract. With regard to an offer, you should discuss communication, revocation and lapsing of an offer. (10) With regard to acceptance, you should discuss unequivocality, correspondence with the terms of the offer and manifestation in a prescribed manner. (10) [20 MARKS]

(b)

UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG, EXAMINATIONS: NOVEMBER 2007 SUBJECT, COURSE AND CODE: AGRICULTURAL LAW 110 (ALAW110) PAGE 2 QUESTION 3 Insurance (a) (b) Define and set out the essential features of an insurance contract. (5)

Insurance contracts may be classified into indemnity and non-indemnity insurance. Define and discuss an indemnity and a non-indemnity insurance contract. What is the difference between the two types of insurance contracts. (10) List five categories of persons who have an insurable interest in property. (5)

(c)

[20 MARKS]

QUESTION 4 Property law Define and discuss five attributes/characteristics of a thing. (20) [20 MARKS]

QUESTION 5 Restitution of Land Rights Act 22 of 1994 (a) Set out and discuss five types of orders that the Land Claims Court may make if a claimant qualifies for restitution of land and has satisfied the requisite procedure under the Act. (10) Section 3 of the Act provides that claims for restitution be lodged with the Commission on Restitution of Land Rights. The procedure for the lodging, consideration and determination of the claim may be divided into four phases. State and discuss any two of these phases.

(b)

(10)

[20 MARKS]