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University of Cape Town Department of Private Law Comparative Legal History (Rdl1004H)

This document contains instructions and questions for a final exam in Comparative Legal History taken in November 2008 at the University of Cape Town. Students are given 2 hours and 15 minutes to read the paper and plan their answers before writing their responses. They must answer 3 of the 6 questions provided. The questions cover a range of topics in legal history, including a 1958 South African court case, formal conveyance practices, the error requirement in condictio indebiti, the historical development of defamation law in South Africa, the relationship between South African judges and the executive branch from 1950-1980, and the effects of Zimbabwe's current crisis on its court system.

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36 views

University of Cape Town Department of Private Law Comparative Legal History (Rdl1004H)

This document contains instructions and questions for a final exam in Comparative Legal History taken in November 2008 at the University of Cape Town. Students are given 2 hours and 15 minutes to read the paper and plan their answers before writing their responses. They must answer 3 of the 6 questions provided. The questions cover a range of topics in legal history, including a 1958 South African court case, formal conveyance practices, the error requirement in condictio indebiti, the historical development of defamation law in South Africa, the relationship between South African judges and the executive branch from 1950-1980, and the effects of Zimbabwe's current crisis on its court system.

Uploaded by

Maira Y
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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UNIVERSITY OF CAPE TOWN

DEPARTMENT OF PRIVATE LAW


COMPARATIVE LEGAL HISTORY (RDL1004H)
OCTOBER/NOVEMBER EXAMINATIONS 2008
INSTRUCTIONS:
Time: 2 hours plus fifteen minutes reading time.
N.B.: You may not begin to write the examination until the signal is
given that the fifteen minutes reserved for reading the paper are over,
but during this period you make notes to plan how you will answer the
questions.
Number of questions to be answered: Answer three (3) of the questions
below.
Total Marks

: 60

QUESTION 1
Describe the historical developments that led to the decision of the Appellate
Division in George v Fairmead 1958 (2) SA 465 (A).
(20)
QUESTION 2
What are the advantages and disadvantages of formal conveyance?
Illustrate your answer with examples drawn from civilian legal history.
(20)
QUESTION 3
Describe the historical development of the error requirement of the condictio
indebiti.
(20)
QUESTION 4
Describe the historical development of the law of defamation in South Africa
and its impact on the right to freedom of expression.
(20)
QUESTION 5
Describe the relationship between the judges of the Appellate Division of the
Supreme Court of South Africa and the executive arm of government in the
period 1950-1980.
(20)

Comparative Legal History : RDL 1004H November 2008 Final Exam

QUESTION 6
Describe how the current crisis in Zimbabwe has affected the work of the
courts in that country.
(20)
Ends/

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