MERCANTILE LAW GRADE 12 PORTFOLIO ASSESSEMENT FOR 2005 - DOC by tyndale

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									GAUTENG DEPARTMENT OF EDUCATION
         DIRECTORATE:
  EXAMINATIONS AND ASSESSMENT



    GUIDELINE DOCUMENT FOR
 CONTINUOUS ASSESSMENT (CASS)
           PORTFOLIO


      MERCANTILE LAW

           GRADE 12
             2005
                         MERCANTILE LAW GRADE 12
                       PORTFOLIO ASSESSMENT FOR 2005


1.   GENERAL INFORMATION

        These assignments are based on the syllabus.
        FIVE assignments are given. Answer all FIVE assignments.
        Most of the assignments are in the form of scenarios / case studies.
        Modules must be done in the classroom under supervision of the educator.
        These assignments must be done in a file or exercise book.

2.   UNIFORMITY / STANDARD

        To set a standard for Gauteng, all the assessment instructions must be
         followed.
        This will also help to set a standard when the assignments are moderated.
        It is impossible to set a standard if the different schools use different methods
         to evaluate assignments and allocate marks.
        Educators are therefore kindly requested to use the prescribed memorandum
         and evaluation table. (ANNEXURE B)
        ANNEXURE A serves as a cover page where the final mark must be indicated.

3.   COMPILING OF THE LEARNER’S PORTFOLIOS

     The following information should be included in the portfolio:

        An index page (ANNEXURE A) that must include the learner’s particulars and
         the CASS marks, signed by the learner.
        The prescribed declaration form from the Gauteng Department of Education to
         indicate that the work is the learner’s / group’s own work, signed by the learner
         and educator.
        The FIVE portfolio assignments along with ANNEXURE B attached to each
         assignment.
        Any THREE class / term tests. (No short tests counting e.g. 10 mark)
        Preparatory exam answer sheet. (To be placed in the portfolio after
         moderation.)

4.   MASTER PORTFOLIO / MEMORANDUM

        Each educator must compile a master portfolio that includes the assignments,
         tests and memoranda.
        Any additions to the memorandum must be included in the master portfolio.
        This portfolio must be handed in with the learners’ portfolios for moderation
         purposes.


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5.   ASSESSMENT / EVALUATION

        Assess the contents of each assignment according to the memorandum.
        Tests must also be marked according to the educator’s memorandum.
        The content of each assignment has a mark allocation of 50 that must be
         converted to a mark out of 12. (Refer to 7)
        The neatness and exposition of the learner's work must be evaluated out of 4
         marks. (Refer to ANNEXURE B)
        The references and correct interpretation / presentation of the assignment are
         also evaluated out of 4 marks. (Refer to ANNEXURE B)
        Each assignment will therefore, after the content have been processed, be out
         of 20.

6.   FINAL PORTFOLIO MARK AS A PERCENTAGE

        According to the Gauteng Department of Education, the marks for the FIVE
         assignments must be converted to a mark out of 60.
        The percentage of the THREE class / term tests must be converted to a mark
         out of 20.
        The Preparatory examination mark converted to a mark out of 20.
        This CASS mark will count 25% of a learner’s final mark at the end of the year.

7.   CONVERTION OF MARKS

        Marks of the portfolio assignments, tests and preparatory exam should be
         rounded off to one decimal.
        The contents of each portfolio assignment have a value of 50 and the mark out
         of 50 must then be converted to a mark out of 12.
         Calculate it as follows:
         The mark obtained by the learner, e.g.
         42 out of 50 = 42 ÷ 50 x 12 = 10,08 = 10,1 out of 12.
         Add to this mark, the mark allocation for neatness, etc.
         e.g. 3 out of 4, as well as the mark for references, etc, e.g. 4 out of 4.
         The total mark for this assignment will be 17,1 out of 20.
        The total marks of all FIVE assignments out of 100, must be converted to a
         mark out of 60, e.g.
         Assignment 1 =            17,1
         Assignment 2 =            18,0
         Assignment 3 =            16,4       = 85,3 ÷ 100 x 60 = 51,2 out of 60 = 51,2
         Assignment 4       =      19,0
         Assignment 5 =            14,8




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   The marks for the THREE tests are converted to a mark out of 20.
    e.g. 65%, 71% and 38% = 174 ÷ 300 x 20 = 11,6 out of 20.
   The mark for the preparatory examination is converted out of 400 (HG) / 300
    (SG) to a mark out of 20.
   Add these three sections’ converted marks to give the final portfolio mark as
    a %, e.g.        Final portfolio mark: 51,2 (Assignments) + 11,6 (Tests) +
                     13,6 (Preparatory exam.) = 76,4 = 76%




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                                                                     ANNEXURE A

           INDEX PAGE FOR PORTFOLIOS: MERCANTILE LAW
                           GR 12 - 2005

NAME OF SCHOOL

CENTRE NUMBER                                             DISTRICT

NAME OF LEARNER                                           GRADE



   1.   ASSIGNMENTS:            MARK OUT OF 20

           ASSIGNMENT 1   Forms of Ownership
           ASSIGNMENT 2   Lease and rent of immovable property
           ASSIGNMENT 3   Agencies and insolvencies
           ASSIGNMENT 4   Surityship / liens / Pledge and mortgage
           ASSIGNMENT 5   Wills and negotiable instruments
           ASSIGNMENTS            MARK OUT OF 60

   2.   CLASS AND TERM TESTS

                                SUBJECTS                                  %
           1.
           2.
           3.
           CLASS / TERM TESTS        MARK OUT OF 20

   3.   PREPARATORY EXAMINATION                     MARK OUT OF 300 [SG]

        PREPARATORY EXAMINATION              MARK OUT OF 20 __________
        FINAL PORTFOLIO MARK                                     ________ %


   LEARNER'S SIGNATURE:         ________________________________

   DATE:                              ________________________________




                                      5
                                                         ANNEXURE B

      ASSESSMENT TABLE FOR PORTOFOLIO ASSIGNMENTS
               MERCANTILE LAW GR 12 - 2005

NAME OF                                          GRADE
LEARNER

ASSIGNMENT                SUBJECT
NO.

EXAMINATION                                      DISTRICT
NUMBER



CONTENT                         CONVERTED TO MARK OUT OF 12
NEATNESS AND EXPOSITION         MARK OUT OF 4
REFERENCE AND CORRECT           MARK OUT OF 4
INTERPRETATION
                                        TOTAL MARKS OUT OF 20


EDUCATOR'S COMMENTS:




                                    6
ASSIGNMENT 1:       FORMS OF OWNERSHIP

ONE LEARNER (Must be answered in the classroom)

Answer the following questions:

1.1   Identify the following forms of ownership:

      1.1.1   NASAU Limited
      1.1.2   Njam Njam (Pty) Ltd
      1.1.3   Rabie and Dysel Auditors
      1.1.4   Malatjies Furniture CC
      1.1.5   Sasol Ltd

1.2   Indicate the type of partnership in the following situations:

      1.2.1 Siphiwe contributed capital to the partnership
      1.2.2 Rabie and Dysel agreed that current and future assets would be
            viewed as property of the partnership
      1.2.3 Reggie is not known by the general public and contributed capital as
            well as tools to the partnership.
      1.2.4 Douglas and Dingaan can both participate in the management of the
            partnership.
      1.2.5 If the partnership becomes insolvent, Mr Radebe cannot be expected
            to contribute any of his personal belongings to the partnership. He
            will however loose his capital contribution in such a case.

1.3   You and your friend decide to form a private company. Discuss the TWO
      documents that the company must produce in order to form a constitution.

1.4   Collect THREE reports/advertisements that clearly indicate the type of
      ownership discussed in these reports/advertisements. Name each of these
      forms of ownerships.

                     TOTAL: 50 MARKS CONVERTED TO A MARK OUT OF 12




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ASSIGNMENT 2:       LEASE OF IMMOVABLE PROPERTY

ONE LEARNER (MUST BE ANSWERED IN THE CLASSROOM)

2.1   You inherited a farm in the Free State. Because you are not a farmer, you
      decide to lease the farm except for the house and the land surrounding the
      house. The lease period is 5 years and the rate is R 2 000 per morgen.
      Draw up a contract of lease, taking all relevant aspects issues regarding
      lease contracts into account.

2.2   The landlord must comply with specific responsibilities. To what duties /
      responsibilities does the following refer:

      2.2.1 The tenant has the right to claim true costs form the landlord.
      2.2.2 The landlord guarantees that he will not disturb the tenant’s use of
            the property.
      2.2.3 The landlord is responsible for this payment except if previously
            otherwise agreed upon.
      2.2.4 If the landlord does not willingly comply with this payment, the court
            can force him to do so.
      2.2.5 In rural areas this can only be done in written format.
      2.2.6 The landlord is responsible to maintain the property in a condition
            that is fit for the purpose for which it is being leased.

2.3   Indicate which party in the following cases has been negligent and which
      party is legible for repayment / compensation. Provide justification for your
      statements.

      2.3.1 The corrugated iron of the roof was loose and a strong wind caused
            the roof plate to fall on the tenant’s child, hurting his arm.
      2.3.2 The tenant failed to pay the rent on the last day of the month. The
            landlord ejected the tenant by placing all his movable assets on the
            lawn outside the house, while he was at work.
      2.3.3 The landlord is constantly repairing or painting the house in order to
            maintain a good standard. He tends to follow this up with an
            invitation to his family and friends to come and observe these
            improvements. These unexpected visits can take place at any time
            or day of the week.
      2.3.4 The tenant rented a house in order to live there. After he moved in
            he changed two of the rooms into a hairdressing salon.

                     TOTAL: 50 MARKS CONVERTED TO A MARK OUT OF 12




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ASSIGNMENT 3:      AGENCIES AND INSOLVENCY

TWO LEARNERS (In classroom)

3.1   Collect reports or advertisements were the following types of agencies are
      discussed:

      Discuss the reports and the agents

      3.1.1 where goods are to be sold at public auction
      3.1.2 when movable goods are to be sold
      3.1.3 when someone is authorised to sell property (a house) for a third
            party

3.2   Give SEVEN reasons for the termination of a contract of agency.

3.3   Discuss the process of sequestration with reference to a report in a
      newspaper where the following are mentioned: meetings, rule nisi, notice of
      sequestration.

3.4   What is meant by Voluntary surrender of estate?

                    TOTAL: 50 MARKS CONVERTED TO A MARK OUT OF 12




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ASSIGNMENT 4:       SURITYSHIP / LIENS / PLEDGE AND MORTGAGE

(ONE LEARNER)

SECTION A: SURITYSHIP

4.1   Answer the following questions:

      4.1.1   What does Beneficium Excussionis mean?
      4.1.2   What is the English term for Beneficium divisionis?
      4.1.3   When can a surety renounce his Beneficium Excussionis?
      4.1.4   Are the following cases examples of legal contracts of surityship?

              a)    Sarie agrees with her friend to pay her debt if and when the
                    friend is unable to do so.
              b)    Nkosi, who is under age, agrees in writing with American
                    Swiss to stand surety for his friend.
              c)    Nkosi agrees with a bank in writing that he will stand surety for
                    the debts of his friend.
              d)    You agree in writing that you will stand surety for your friend
                    for an unspecified sum of money.

SECTION B: LIENS

4.2   Discuss the following case histories:

      4.2.1 Your friend Sam parked in a parking garage in a space which was
            reserved for employees of a specific company. Before the company
            could call out a tow-truck to tow Sam’s car, you paid the spot fine of
            R500 of which he was unaware. What type of lien has developed
            here? Justify your answer.
      4.2.2 Your friend offered you accommodation on his smallholding while he
            went overseas. You noticed that the soil was very fertile and bought
            and sown vegetable seeds to the value of R700. Should your friend
            fail to reimburse you the R700, you have a lien over the vegetables.
            Describe the type of lien, which you have at your disposal.
      4.2.3 You are a dressmaker by profession. Sandra requested you to make
            her a bridal gown. You agreed and quoted her R10 000 for the
            dress, which she accepted. Once the dress was completed, Sandra
            refused to pay, saying that it was too expensive. Discuss fully the
            kind of lien you have against Sandra for the outstanding amount.




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4.3   Select the term(s) that will ensure that the following statements are true:

      4.3.1 A person has an enrichment lien if the expenses were incurred
            caveat emptor / bona fide.
      4.3.2 An improvement lien is when a person spends money or labour on
            the property of someone else with / without his consent.
      4.3.3 A debtor and creditor lien is when the expenses were essential /
            authorised.
      4.3.4 A salvage lien is when the expenses incurred were absolutely
            essential/not essential.
      4.3.5 A lien gives the creditor an accessory right called real / personal
            right.


SECTION C: MORTGAGE AND PLEDGES

You have been employed for a few years as an accountant at a large firm. You
want to buy a house but the bank denied your request for a mortgage. The person
selling the house is eager to sell you the house and offered you financial aid. What
type of mortgage can be structured and what are the formalities related to this
mortgage?

                     TOTAL: 50 MARKS CONVERTED TO A MARK OUT OF 12




                                         11
ASSIGNMENT 5:        WILLS AND NEGOTIABLE INSTRUMENTS

(TWO LEARNERS: (Must be completed in classroom)

SECTION A: WILLS

You have just turned 21 and is a partner in a partnership. With your partner you
draw up a joint will and name an attorney as the executor. Take all the important
aspects concerning the content and format of a will into account.

Who should nominate the executor? Provide FIVE reasons why this position is so
important.

Provide a notice from any newspaper where an executor published the day and
place when a Liquidation and Distribution Account can be examined.

SECTION B: NEGOTIABLE INSTRUMENTS

       VOLKSKAS               NOT TRANSFERABLE                 Date:   28/3/04
                              NETBANK, ALBERTON

       Pay Pick ‘n Pay Limited                                         Or Bearer
       Betaal                                                          Of Toonder

       Two thousand five hundred and twenty rand onlyR2520.00
       _________________________________________________

                                                               S. SNYMAN


Answer the following questions related to the above cheque:

5.1   What is the name of the drawer?

5.2   Who is the payee?

5.3   What is the name of the drawee?

5.4   What type of crossing has been used and what are the implications of such
      a crossing?

5.5   Is this an order or a bearer cheque?

5.6   Will the bank honour this cheque? If not give reasons.

                     TOTAL: 50 MARKS CONVERTED TO A MARK OUT OF 12




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