UNIVERSITEIT VAN PRETORIA

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University of Pretoria *

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310

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Law

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Nov 24, 2024

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3

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E‘a UNIVERSITEIT VAN PRETORIA UNIVERSITY OF PRETORIA Q YUNIBESITHI YA PRETORIA » R - DEPARTMENT OF MERCANTILE LAW VHD 320 PAYMENT METHODS EXAM 17 NOVEMBER 2023 MARKS: 50 START TIME: 11:15 END TIME 14:15 DURATION: 15 minutes reading time 165 minutes writing (180 minutes total time) INTERNAL EXAMINERS: Mr. R Kabwe Mrs. K Sengwane INTERNAL MODERATOR: Mr. Mmiselo Qumba
\ UESTION 1 [20 marks Palesa is an Engineering student at the University of Pretoria. Her studies are funded by a student study loan institution (NEEFunds). Palesa received a notification from her Bank, Bob-Bank, on her cellphone that NEEFunds had paid R20 million into her - account. NEEFunds made the payment using EFT. She is surprised as they are only meant to send her R2000 as her usual monthly allowance. Palesa decides to go on a spending spree and spent R1,5 million. NEEFunds realises their mistake and would like to get back the R20 million. They cannot get hold of Palesa (her phone is off) to ask her to send back the money. NEEFunds sends Bob-Bank (Palesa’s bank) an email informing them of what transpired and requesting them to reverse the EFT. \ WHAT IS REQUIRED FROM YOU With reference to the applicable authority, advise NEEFunds on their chances of ~ success in getting back the money from Palesa. In your advice, also discuss whether take to be successful. DO NOT DISCUSS BANK-CUSTOMER DUTIES. [20 Marks] QUESTION 2 (5 MARKS) List any 5 challenges the use of cheques as a payment instrument presented QUESTION 3 [15 marks] Max wins R3 million from the latest Lotto winnings. He decides to invest his winnings while he thinks about what he wants to do with the money. Max banks at the Hillcrest branch of ABC Bank and makes an appointment with the senior financial adviser to discuss the investment options available to him. Among other things, the financial [ 34
y recommends that Maxinvests two-million Rand worth of crypto assets Crypto SA. He is advised that his investment in crypto assels d very sound”. However, one month after investing in adviser strong! with @ company called e “safe, solid, secure an s SAis declared insolvent and it turns out that the financial adviser perly with regards to investigating the Crypto SA's would b crypto assets. Crypto had not doné his_ homework pro financial position pefore advising Max to invest in crypto assets WHAT IS REQUIRED OF YOU? Determine whether there has been a breach of fiduciary by ABC bank. Establish whether Max can hold ABC bank liable for his financial loss. Note: half marks may be awarded. gUESTION 4 [10 marks] The South African Reserve Bank (‘SARB’) is considering changing the payment Jandscape in South Africa by adopting cryptocurrencies as a payment method. The Deputy Reserve Bank Governor approaches you for advice. The Deputy Reserve Bank Governor wants to establish if there are any challenges to fégulating \ cryptocurrencies. WHAT IS REQUIRED OF YOU? Identify and discuss the challenges associated with cryptocurrency regulation: Refer to authority in your answer. Note: half marks are awarded. Grand total: 50 Marks ***and of paper*** 44
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