FACULTY OF COMMERCE,

MANAGEMENT & LAW

DISTANCE MODE ASSIGNMENT
LETTER

Academic Year 2023

Semester (2)
[Commercial Law B]
[ACL3632]

A MUST, TO READ THE ENTIRE

DOCUMENT

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 FACULTY OF COMMERCE, MANAGEMENT AND LAW

OLD CURRICULUM MODULES

ACCOUNTING, ECONOMIC & MANAGEMENT

SCIENCES

ASSIGNMENT ADMINISTRATION
DISTANCE AND ONLINE COURSES – 2023
SEMESTER 2
MONTH DATES ACTIVITIES Schools

July 19 July Semester 2 Commences

August 21-25 August 2023 Compulsory Virtual Vacation School All Schools

FIRST ASSESSMENT:2nd SEMESTER MODULES

29 August Due date: 01st Assessment of 2nd Semester Modules Only School of Accounting, School of Business
30 Aug-1 Sept Grace Period for assessment submission/ completion Management, Governance & Economics
School of Law

MAKE-UP/ COMPENSATORY ASSESSMENT 1: 2nd SEMESTER MODULES

September
20 September Make-up assessment due date: 1st Assessment School of Accounting, School of Business
– Only applicable if you score 1-39% in Assignment 1. Management, Governance & Economics
Take note that a new assessment (test or assignment) is School of Law
to be submitted.

SECOND ASSESSMENT: 2nd SEMESTER MODULES

September
18 Sept Due date: 02nd Assessment of 2nd Semester Modules Only School of Accounting, School of Business
19-21 Sept Grace Period for assessment submission/ completion Management, Governance & Economics
School of Law
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 FACULTY OF COMMERCE, MANAGEMENT AND LAW

OLD CURRICULUM MODULES

MAKE-UP/ COMPENSATORY ASSESSMENT 2: 2nd SEMESTER MODULES

4 October Make-up assessment due date: 2nd Assessment School of Accounting, School of Business
October – Only applicable if you score 1-39% in Assignment 2. Management, Governance & Economics
Take note that a new assessment (test or assignment) is School of Law
to be submitted.
13 October Lectures end for First Semester
Release of CA marks
18 October Examination commences All Schools
12 January 2024 University reopens

For modules that will have online tests, all information shall be communicated well in advance. Kindly take note that some modules might
have 3 to 4 assessments. E.g.
2 assignments and 1 to 2 online tests. All necessary information will be shared timely.
Good luck!

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 2023 Distance Mode Assignments
[Commercial Law B]
[ACL3632 ]
Dear Student,

Welcome to the University of Namibia. We are confident that your studies and hard work will be rewarded
with success. We kindly advise that you obtain all the relevant information and booklets available for
distance students from your Moodle platform (including the 2023 Student Information Letter, Online
Assignment Submission Guide and other documents). These documents will provide guidance on how
to approach your studies and will guide you through your study materials as well as providing useful
administrative information in submitting assignments.

1. Study materials
Your study guide is essentially your “teacher/lecturer”. However, in addition, you are required to visit the
library to consult prescribed books and recommended readings that are indicated in the study guide as well
as browse the Internet in general. You are also responsible to purchase any prescribed textbooks required
for your respective courses/modules. Furthermore, you are strongly advised to follow the guidelines in the
Online Assignment Submission Guide available on Moodle.

2. Collaborative Learning
Unam avails all your modules through Moodle, enabling you to interact with your fellow students online
through forum discussions and chats. You can use the same platform to engage with your lecturers and
tutors regarding academic support. Please take advantage of Moodle to avoid isolation and strengthen your
interaction with colleagues, ask for help, and share/receive resources to aid your learning process. See
below how to access forum discussions on Moodle:

Figure 1: Forums in courses

3. Submission of assignments
It is very important to complete and submit a clean, clear and well-argued assignment for marking. Make
sure that you have understood the questions in order to answer them correctly. It is your responsibility to
make sure that every page of the completed assignment is correctly numbered before submitting your
assignment.
As from 2017, ALL assignments are submitted through the Moodle Learning Management System.
This is an online platform where you will access all your modules and related information such as course
outlines, course notes and other learning materials that your lecturer/tutor may choose to share with you.
Moodle is accessible here: http://elearning.unam.edu.na. You should complete and submit all assignments
on or before the given due date in the assignment letter if you wish to obtain your CA marks and qualify for
examinations. UNAM always updates its assignment covers on an annual and semester basis. Please
ensure that you have used the latest assignment cover. The latest assignment cover is availed on each
course on Moodle.

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A user guide is available on how to submit your assignment in each module on the Distance Education
Common Space and you can access it on the Online Support system. Pay close attention to the following
key points listed at the beginning of the guide on:
3.1 How you would know when you have successfully submitted your assignment:
that is when the submission status shows “Submitted for grading”

Figure 2: Assignment submission status

MAKE SURE THE SYSTEM GIVES YOU A CONFIRMATION OF SUBMISSION by the

submission status shown as "Submitted for grading" when done. If that status is NOT displayed
when done, IT DOES NOT COUNT AS A SUBMISSION.

3.2 Errors to avoid when submitting your assignment (committing these errors may result
in you failing to submit your assignments and therefore potentially failing your course)

a. You are submitting on the correct Module/Course

b. You have selected and uploaded the correct Assignment document from your
computer
c. You are submitting the correct Assignment number for the respective activity (i.e.
Assignment 1, 2, etc.)

3.3 How to check the assessment feedback when your assignment has been graded.

4. Due Dates
All assignment due dates for 2023 are published on second page of this assignment letter. With the shift
from manual to online assignment submission since 2017, due dates are automated and non-negotiable.
This means that you would be required to submit your assignments ON or BEFORE the due date set on
your assignment (before 11h55 PM). After the date has passed (i.e. 12h00AM of the next day) the
assignment submission will be disabled, and you would no longer be able to submit your
assignment. Please note that assignment submissions will be open long before the due dates.

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Please note that your assignment due dates are on page 2 of this Tutorial Letter. Use this assignment due
dates to set up your calendar tool on your mobile phone or computer to set reminders for yourself and
manage your time. Another way to keep pace with due dates, is by regularly visiting your Timeline of each
of your courses on Moodle on the Course Overview. Also download the Moodle mobile app to access
Moodle on your mobile phone or tablet and have access to notifications about due dates at your fingertips
from Google Play Store for Android or Apple App Store for IOS.
5. Submission of Assignments
Due to challenges with Internet connectivity and speed, large files may take too long to upload, which is a
big risk if you wait until the last minute to submit your assignments. You are therefore strongly advised NOT
to wait until the final hours of the due dates to submit your assignments to avoid disappointments. You are
also advised to ensure that you are in an area with good Internet connectivity when submitting your
assignments. Timely submission of all assignments on or before the given due date is crucial for the timely
grading and processing of your CA marks and determining admission to exams.
Take note that assignments should never be submitted directly by email or hard copy to individual
tutors or any other staff members of the University of Namibia.
6. Academic Support
One every Moodle course there is an embedded Academic Support section with materials to assist you
with your writing process (see Figure 3 below). Go through the videos in order to enhance your writing
process and submit better quality assignments.

Figure 3: Academic Support tutorials

7. Grace Period
A grace period refers to three (3) additional days added after your assignment due date.
The purpose of this grace period is to provide each student with time to verify and or to
make amendments to assignments already submitted. These changes may include
correcting errors like submitting a file to a wrong module or on a wrong assignment;
submitting a wrong file; losing internet connectivity, etc. An example would be that a
student attempting to submit an assignment and they lose internet connection would still
be able to try again the day after at a different place or when the connection has been
restored.
8. Conditions under which late submissions will be granted/ accepted

Medical and death are the only reasons accepted for the late submission of
assignments. Late submission of assignments will only be approved 7 days

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(including public holidays and weekends) after the due date of an assignment. Valid
documentary proof must be attached as part of the assignment before any late
submission will be considered. Late submission without valid documentary proof
attached to the assignment will be returned unmarked and may not be resubmitted
for marking. Travelling and attendance of workshops, job related activities and
conferences may not be used as an excuse for the late submission of assignments.

Sick leave certificates should be submitted within 7 days from the time you happened to
be booked off. For example, if you become sick and booked off on the day you visit the
doctor, then the medical certificate should be submitted via the online ticketing system
to the respective Distance Education Officer within 7 days (including weekends and
public holidays). Any medical certificate submitted after 7 days cannot be entertained.
Any medical certificate dated during the grace period will not be considered. The
grace period is not regarded as an assignment submission due date, but rather
additional days provided to each student to submit or amend already submitted
assignment (s).

Medical certificates submitted after the end date of the sick leave cannot be entertained.

9. Plagiarism Control
It has been observed that some students copy information from the Internet and paste
into their assignments without acknowledging the sources of the information. This is
called plagiarism. A copy of the Policy on Academic Integrity has been provided to you
on every course on Moodle. Please note that plagiarism which includes copying and
pasting information from the Internet would not be tolerated, shall result in your
assignments declared null and void and graded as a “0”. All assignments submitted
through Moodle would be checked for plagiarism using plagiarism detection software.
You are therefore strongly urged to acknowledge EVERY source that you use for your
assignment by using the appropriate citations and references following the referencing
style prescribed by your lecturers (APA Referencing guides are available freely online).
Find one here: http://www.uofa.edu/docs/apa-documentation.pdf

Any assignment found with high similarity scores or with evidence of clear attempts to
cheat such as submitting an assignment that is not your own would result in a zero (0)
grade.

10. Vacation schools

Attending vacation school is COMPULSORY and the vacation school timetable will be made
available through the UNAM Moodle, on the Distance Education Common Space.

11. My UNAM Portal and Moodle

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We recommend that you regularly (at least twice a week) access your “My UNAM
Portal” (http://my.unam.edu.na) for your registration status and information, and Moodle
(https://elearning.unam.edu.na ) for your learning and assessment information.

Also visit the Distance Education Common Space on Moodle where you can find all
necessary information and user manuals related to your distance mode studies and also
engage with other students studying on distance mode. See additional information under
Section 11 below.

12. Online Support (Ticketing) System

An online support system is provided where you can report some of the issues that you may experience
regarding your studies. This system is easily accessible from the Moodle LMS system.

Figure 4: Online ticketing system

You can also make use of the Online Support (Ticketing System) for queries to be responded to by the
responsible person within 48 hours. We recommend you use this system for Help Topics or issues listed
on the system rather than email or telephone calls.
13. Online information, Tutorials and Distance Education Common Space
Information and Tutorials are provided in each course on the Moodle Learning
Management System which you should first familiarise yourself once you first access your
courses.

Figure 5: Info-Tutorials on Moodle

Indicated in Figure 4 above, the Distance Student Orientation provides video tutorials on various activities
you would perform such as submitting your assignments, converting your documents into pdf format,
changing your email address, how to check your results when assignments have been graded and so on.
Updates and information with regard to your studies and related events would be shared in the Distance
Education Common Space which you can access from any course as shown in screenshot below. All
students studying on distance mode are linked this the space where you can collaborate or discuss general
issues.

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 Figure 6: Distance Education Common Space

You will also find the Student Information Letter, your Vacation School Timetable and User Guides in the
Distance Education Common Space.
14. Staff Contact Information
If you study conscientiously, your efforts will be rewarded. Should you need any assistance or clarification
on the module contents, you can reach the relevant staff members at the contact details as given below:

Tutor: Winfred Lupalezwi 061-2064385 [email protected]

For Module/Subject content related matters,
Assignments marks and CA marks queries
Student Support Coordinator: Ms. Anna-Marie Murere 0612063729 [email protected]
Ms Nelago 0612063987 [email protected]
Faculty officers: Ms T Nuuyoma 0612063609 [email protected]
Ms G Van Wyk 0612063084 [email protected]
061-2064881

Examination Officers: 061-2063715 [email protected]

Stephanie Nehoja (WHK)
For Exam marks and exam timetable, exam All exam officers at respective
related matters campuses assist students of those
campuses

eLearning Administrator: Mr Owen Lisulo 0612063381 [email protected]

Moodle related queries (technical problems), Mr Shaka Maikhudumu 0612063000 [email protected]

linking of Modules, etc.
https://elearning.unam.edu.na/sup
Please create an online ticket for any assistance port/open.php

NOTE: For additional information consult the Prospectus and UNAM General Information and Regulations
Prospectus.

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Serious offence not tolerated at all
Note well: Plagiarism
Plagiarism is “the wrongful appropriation or purloining, and publication as one’s own, of the ideas, or the expression
of the ideas of another” (OED). All published and unpublished material, whether in manuscript, printed or electronic
form, is covered under this description.
The Proctors’ Disciplinary Regulations concerning conduct in examinations (see Part 19.4. and 19.5, p. 52) state that
‘No candidate shall present for an examination as his or her own work any part of the substance of another person’s
work. In any written work (whether thesis, dissertation, essay, coursework, or written examination, or assignment)
passages quoted or closely paraphrased from another person’s work must be identified as quotations or paraphrases,
and the source of the quoted or paraphrased material must be clearly acknowledged.’ In all written work students must
be vigilant in citing the work they have referred to or quoted from (please see further Appendix D). Examples of
plagiarism and detailed advice as to how to avoid it are given on http://www.admin.ox.ac.uk/edc/goodpractice/: you
are strongly advised to consult this website.
It has been observed that some students merely download information from the Internet, copy verbatim from other
printed sources (including the Study Guide, employ other people to do their assignments for them, or plagiarise each
other’s assignments (either directly, that is, word-to-word, or through a re-arrangement of words or paragraphs in
order to deceive the tutor or marker).
These practices constitute very serious academic offences of academic dishonesty, alternatively, intellectual fraud,
which attract very serious and heavy penalties. Students must desist from such practices. Such students may score
very high marks but invariably perform very poorly in examinations. It is in the interest of such students to endeavour
to exercise their own intellectual faculties, do their own research, and personally do the set assignments.

No hardcopies are allowed, all assignment are to be uploaded through Moodle.

✓ Assignments should be submitted in PDF – only. Kindly save your assignments in PDF format
✓ Make sure that you submit one assignment as one file/document. Do not create and upload
several folders; do not zip the documents. Have 1 one document/file for 1 (ONE) entire
assignment.
✓ Assignments for modules with formulas can be handwritten, scanned in one document and
uploaded on Moodle accordingly.
✓ Make sure you submit a document that is readable and virus free.
✓ Make sure you upload the right file with the relevant assignment content.
✓ After submitting your assignment on Moodle do verify on the file you uploaded. Always try to
submit your assignment few days before the due date, this allows you to double-check all the
nitty-gritties.
NO LATE SUBMISSIONS WILL BE TOLERATED. NO LATE submission due to not adhering to the
above advises or guidance WILL BE ACCEPTED nor ENTERTAINED.

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 ASSIGNMENT ONE (1)

TOTAL MARKS: 100

ANSWER ALL QUESTIONS

MS WS LUPALEZWI

Note: All assignments are to be typed, using ONLY Times New Roman, font-size 12 with

one and half spacing. Any assignment that is not typed will NOT be accepted for

marking.

The entire assignment must NOT exceed ten (10) pages in total. Failure to adhere to the said
instructions will result in penalization.

Question 0ne (1) [30 Marks]

a) Discuss your understanding of the law of agency. (5 Marks)

b) List any five Parties to a contract of agency of sale of an immovable property. (5 Marks)

b) With reference to case law, explain why companies and other business entities cannot exist
without the concept of agency. (10 Marks)

c) Tanya is the owner of a 2023 VW Sedan. After a standard service she was informed that the
rings in the engine are damaged. There is nothing visibly wrong with the car. Tanya decides to sell
the car without having it repaired. She sells the car to Peter for the purchase price of N$ 50 000
Namibia Dollars without disclosing the fact the vehicles is in need of repair.

Shortly after Peter has taken delivery of the car, it breaks down. The garage owner tells him the
rings were damaged and the cost of the repair would be N$ 15 000.

Advise Peter as to his rights and the remedies he may against Tanya. (10 Marks)

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 Question Two (2) [70 Marks]

a) Study the following facts and answer the subsequent question: (20 Marks)

Carli wants to set up a company, however, she is not sure about the contractual obligations
which need to be in place in order to set it up. The Company would be a private company.
Advise Carli as to which contractual formalities she would need to comply with in order to
endorse her application for registration at BIPA. You may refer to relevant sections from
the Company’s Act 28 of 2004.

Carli needs to endorse the following documents with BIPA, these include:

b) Draw a distinction between emptio spei and emptio speratae (10 Marks)

c) Define what is meant by subrogation and discuss the doctrine of subrogation in insurance
law. (10 Marks)

c) Read the following scenario and answer the subsequent question. (6 Marks)

Kim and Khloe are friends. Kim agrees to sell her Ford Figo to Khloe for N150 000, at the
same time Kim agrees to lend the same article of sell (Ford Figo) to Khloe to use for six
months pending finalization of the sale of the article.

Set out the commercial law principle stated above and whether delivery is still to take
place and why.

d) Describe the duties of the purchaser in a contract of sale of an immovable property. (4

Marks)

Question Three (3) [20 Marks]

a) Discuss the doctrine of undisclosed principle as set out in the Springfield Omnibus Service
Durban CC v Peter Maskell Auction CC & Another.

The End

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 ASSIGNMENT TWO (2)

TOTAL MARKS: 100

ANSWER ALL QUESTIONS

MS WS LUPALEZWI

Note: All assignments are to be typed, using ONLY Times New Roman, font-size 12 with
one and half spacing. Any assignments that are not typed will NOT be accepted
for marking.

The entire assignment must NOT exceed fifteen (10) pages in total. Any violation of this rule
will result in penalization.

Question One (1) [60 Marks]

a) Describe the relationship between an employer and an employee. (4 Marks)

b) Set out the main differences between an employee and an independent contractor.
(6 Marks)
c) Read the following scenario then draft the contract of employment. (40 Marks)

Rita Dominic is a 27 year old Namibian Female who studied medicine at the
University of Namibia, School of Medicine, Hage Geingob Campus from 2015 to
2019 respectively of which she graduated with flying colours. Rita was retained by
Rhino Park Private Hospital to do her practical attachment there. Rita’s immediate
supervisor was very impressed with how quick Rita excelled at her practical
training and has recommended Rita for employment on permanent basis. The
position which Rita is to fill is of head nurse and she will be granted ‘’benefits’’
afforded to any employee as stipulated in the Labour Act 11 of 2007.

Instruction:

Rhino Park Human Resource officers heard that you are a commercial law expert
and asked you to draft Rita’s employment contract (including her offer) with all
relevant clauses.

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 Your contract is limited to 3 pages. Creativity will earn you marks.

d) State only Yes/No to the following questions: (10 Marks)

(i) Dismissing an employee without a hearing constitutes unfair

dismissal? (2 marks)

(ii) Fishermen at sea have working hours? (2 marks)

(iii) Domestic workers are classified as employees? (2 marks)

(iv) Lacation conductio operarum means the letting and hiring of

personal services for remuneration. (2 marks)

(v) An incumbent would still occupy a position even after having

failed their probation? (2 marks)

Question Three (20) [20 Marks]

a) Explain what you understand by a credit agreement and why

credit agreements remain so vital in commercial
transactions. (4 marks)

b) Giving examples draw distinctions between stop orders and

debit orders as negotiable instruments. (6 marks)

c) Discuss the relevance of insurance law in Namibia.

(3 Marks).

d) Anna is a drunkard and works for Best Cakes CC. Anna

drives the company vehicle and has been dispatched to
deliver 4 cakes in Prosperita at 13h:00, because Anna is still
hangover, she skips a red traffic light and causes an accident
at Mandume Ndemufayo Avenue. The third Party is furious
as his vehicle is damaged and he lost three fingers in the
accident. The third Party approaches you to advise him who
he may sue, Anna or her employer Best Cakes CC.
(7 Marks)

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Question Four (4) [20 Marks]

a) Read the following scenario then answer the subsequent question.

Richard Smiths is a 29 year old single male who resides at No 28 Waxbill Court, Long
Island Street, Rocky Crest, Windhoek. Richard saw the most exquisite lounge suite at
Nictus costing a whooping N$ 25 000.00, made of leather and really wants to purchase
it, however he does not have enough money to purchase it on cash and hears that you
are a commercial law expert willing to assist him.
Instruction:
Set out the options availed to Richard in purchasing the lounge suite, you may also
refer to the relevant Act and relevant case law in support of your answer.
You may refer to the Credit Agreement Act 75 of 1980.

Note: In answering all the problem questions, it will be essential to include the following
information in your response to the question:

i) The particular issue(s) raised in the question.

ii) Indicate the relevant area(s) of law to apply to the issues. iii) List and explain
the relevant cases to use as authority to support your discussion.

*******************************End of Assignment two*************************

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