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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QUESTION 1