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PVL3702 Assignment 1 Semester 1 2025 (198635)

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PVL3702 Assignment 1 Full Solutions Semester 1 2025 (Unique Number: 198635) - DUE 7 April 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... ASSIGNMENT 01 QUESTION: Jack wants to sell his Yamaha speedboat. He approaches Jill, who sells speedboats for a living, and asks her if she is interested in buying his Yamaha speedboat. Jill signs a written offer and submits it to Jack for the Yamaha speedboat for R200 000, in a document titled “Contract of Sale.” The offer sets out all the relevant and material terms, and it includes the following clause: “This offer is irrevocable and expires at noon on 5 March 2024, and upon signature by the seller will indicate his acceptance, as well as the conclusion of a valid contract of sale.” On 4 March 2024 Jack signs the contract of sale document and he inserts the date of his signature therein, but he forgets to immediately inform Jill that he has done so. Only on 8 March 2024, Jack informs Jill of his acceptance. Jill indicates to Jack that her offer lapsed on 5 March 2024, and that Jack did not inform her of his acceptance timeously. Jill further informs Jack that she no longer wants to purchase the Yamaha speedboat. Jack approaches you for legal advice. Assume that a valid offer was made by Jill to Jack for the Yamaha speedboat. You must assume further that Jacks acceptance was unqualified, and that he was the correct person to accept Jill’s offer because the offer was made to him, and also that he was conscious and aware of the offer that was made to him when he signed the contract of sale document. You must advise Jack only about the relevant aspects of his acceptance which are pertinent for this factual scenario, by making reference to the case law that you were required to read, and by also referring to the prescribed textbook. You must further advise Jack about his concern that he only informed Jill after 5 March 2024, that he accepted Jill’s offer. Ultimately you must advise Jack if a legally binding contract was concluded between him and Jill. Discuss fully. Do not apply the direct reliance theory and the iustus error doctrine to this question. Also do not apply the Consumer Protection Act 68 of 2008. Note the following: - This assignment question carries 10 marks so only focus specifically on the legal issues which are relevant for this question, because your answer must not exceed one typed page or two written pages. - Do not apply the direct reliance theory and the iustus error doctrine.

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PVL3702
ASSIGNMENT 1 SEMESTER 1 2025

UNIQUE NO.198635
DUE DATE: 7 APRIL 2025

, PVL3702

Assignment 1 Semester 1 2025

Unique Number: 198635

Due Date: 7 April 2025

Law of Contract

Question 1: Gloria’s Case – Cluster Home

Gloria’s situation involves whether a legally binding contract was concluded for the
property described in the signed document, considering that she intended to buy a
different cluster home. To address this, we must look at two legal principles: the will
theory and the iustus error doctrine.

1. Will Theory

The will theory of contract law focuses on the actual intention of the parties. For a valid
contract to exist, there must be an agreement between the parties, based on their
intentions. In this case, Gloria’s intention was to buy the cluster home she viewed and
fell in love with—the one near the guardhouse. However, the written contract describes
a different cluster home, the one at the back of the complex.

Here, it is clear that Gloria and Jack were not on the same page. While Gloria thought
she was buying one property, the written document referred to another. Under the will
theory, it can be argued that there was no true consensus or “meeting of the minds”
(consensus ad idem) between Gloria and Jack. Without such consensus, a valid
contract cannot exist.

2. Iustus Error Doctrine

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