Degree: Accounting & MBM – Business Law Page 1 of 3 Individual Assignment 2018

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HET ASSIGNMENTS 2018 - INDIVIDUAL

Qualification Title B.COM ACCOUNTING/MBM

SAQA ID

NQF level

Module name Year of study

Module code

Semester Assignment number

Assignment title

58004 Level 6 Business Law 2nd

1st 1 Individual Assignment

DUE DATE: 09 April 2018

TOTAL MARKS: 100 MARKS

PASS MARK: 50%

WEIGHTING: 10% towards DP mark

DEVELOPER: Andrew Tucker

MODERATOR:

INSTRUCTIONS TO STUDENTS:

1. Read the following instructions carefully before answering the questions.

2. Your assignment should be typed – Arial font 12, 1.5 spacing.

3. Students must include the following:

3.1 Coversheet 3.2 Index 3.3 Introduction/background 3.4 Body 3.5 Conclusion/summary 3.6 Glossary of terms 3.7 Bibliography; (proof of research) 3.8 Copies of 2 articles 3.9 Summaries of other member’s presentations.

4. Use the Harvard method of referencing.

5. You must consult at least three different textbooks and preferably journals for adequate referencing.

6. You are expected to communicate your own thoughts. Long theoretical arguments and verbatim quotes from the text book will not earn any marks.

7. Technical requirements for assignments: Assignments must be presented in the correct format.

8. Ensure that your name and the name of your Campus are clearly indicated on the cover page of your assignment.

9. Keep photocopies of all assignments handed in.

10. Failure to adhere to the above will result in marks being deducted.

11. No group work may be done on an Individual Assignment.

12. Plagiarism and copying of assignments will result in the default mark 0% being awarded. This is also a punishable offence, which will lead to a disciplinary action.

Degree: Accounting & MBM – Business Law Page 2 of 3 Individual Assignment 2018

© Damelin

Plagiarism and Copying What is plagiarism? Plagiarism is the use of other people's work without acknowledging the original work. Plagiarism is stealing somebody’s intellectual property. It is pretending that someone else’s work is your own. Committing plagiarism is unacceptable to Damelin, and will result in serious consequences for any person who is found guilty of plagiarism. How is plagiarism committed?

i) Cutting and pasting from electronic sources or copying from books, magazines, journals, etc. content, diagrams, tables, phrases & quotations in one’s own document.

ii) Copying from the work of another student. iii) Allowing a fellow student to copy your work. iv) Using too many direct quotations v) Rewriting someone else’s ideas in your own words (paraphrasing) without referencing the

source.

How can you avoid plagiarism?

• If you use any secondary sources from books or the Internet while completing your assignments, you need to reference the original source, otherwise you will be accused of plagiarism and disciplinary action will be taken against you by the College.

• Carefully and accurately acknowledge the source that you used to obtain information and ideas from. As you read, write down the details of the sources. Supply a list of references at the end of your essay, report or assignment.

• You may talk to other people to help you work through the assignment, as long as the work you submit will be your own work and not an assignment completed for you by another person, or one that you have copied from the learning material.

• You are not allowed to copy verbatim (word-for-word) from the learning material and submit this as your own work. You are not allowed to use the same examples that have been used in the learning material and submit this as your own work.

Declaration of Authenticity A critical aspect of any assignment is authenticity. Because you are completing much of the work for the assignments unsupervised, the examiner must be convinced that it is all your own work. For this reason, you must complete the Declaration of Authenticity and have it counter-signed by your manager, mentor or lecturer.

The declaration of authenticity is a legal document, and if found that you have made a false declaration, then not only will your results be declared null and void, but you could also have criminal charges brought against you. It is not worth taking the risk!

Please complete the declaration of authenticity below for all assignments:

DECLARATION OF AUTHENTICITY

I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Full Name & Surname ID number

Hereby declare that the contents of this assignment are entirely my own work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature Date

Degree: Accounting & MBM – Business Law Page 3 of 3 Individual Assignment 2018

© Damelin

Question 1 (50 Marks)

Read the set of facts thoroughly and answer the question that follows.

Your friend’s housemate, Xolani calls you to say that he has heard that you are doing a course in business law and he would appreciate your advice. He gives you the following facts: Last Friday night while having a few drinks after work he met Sue who told him that she has been transferred to France for the next three years and she was waiting to meet her work colleagues at the bar for farewell drinks. Sue said she recognized Xolani as she had seen him in the lift the previous month while on the way to her attorney to sign her ante-nuptial contract. While chatting she told Thulani that she was looking to sell her 2017 model silver Audi A3 2.0 Tdi sedan with 22 000km on the odometer. He says he had a quick look at the car which looked in showroom condition and he made her an offer of R150 000 which she immediately accepted. He said he was very surprised as he knows that this model goes for around R450 000 second-hand, but he assumed it was because she was desperate to sell before she moved. They agreed to meet on Monday morning at his workplace where he would pay her and she would hand over the car and the registration papers. On Saturday morning he got an SMS from Sue saying “Obviously never meant to give away my car last night. Hubby would never consent anyway. Too much champagne! LOL. Sorry”. Xolani now wants you advise as to whether or not the agreement is valid. He says he is worried that they did not record the agreement in writing. Secondly, he is concerned that it may not be valid because they were both at a bar when they made the agreement. He says that he is also concerned that the agreement may be invalid because the price was too low. He says he is disappointed to lose out but he supposes that her husband is correct not to agree to the sale. Required: Write a detailed memorandum discussing whether or not you believe there was a valid agreement of sale between Xolani and Sue, and if so, whether you believe that Sue was able to cancel the sale as indicated in her SMS. Make sure you cover all the concerns raised by Xolani [50]

Question 2 (20 Marks)

Explain the difference between a valid, void and voidable contract. [20]

Question 3 (30 Marks)

Discuss the difference between an employee and an independent contractor referring to section

83A of the Basic Conditions of Employment Act and to the tests applied by our Courts. [30]