PVL3702 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

PVL3702 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references , Shane wants to purchase a limited-edition Porsche motor vehicle which was recently released in Germany. He visits the local Porsche dealership in Johannesburg. The owner of the dealership informs Shane that there is a twelve month waiting period to receive the limited-edition Porsche model, from the date the order is placed, because this model is manufactured and assembled in Germany, and thereafter it will be sent to the Johannesburg dealership in South Africa. Shane signed the ‘Contract of Sale’ document presented by the dealership with its standard terms and conditions, which stipulated a purchase price of R2 Million Rand for this limited-edition Porsche car. In accordance with this offer, Shane was required to pay the full purchase price to the seller (which is ‘Porsche Johannesburg’) within 30 days of him signing the agreement, and after the manager of the dealership requested him to do so, Shane timeously complied with this requirement. Eight months after signing the ‘Contract of Sale’ document, the manager of the dealership informed Shane that with reference to one of the terms in the document, Shane needs to specify if he wants any extras to be included in the car, and he needs to pay for it. Shane specified to the seller that he wanted a sunroof installed which cost him an extra R50 000 and he paid the seller for it, at the time. Shane was then informed by the manager that he should expect to receive the Porsche limited-edition car in Johannesburg, in a few months-time. A few months later the Porsche car arrived in Johannesburg at the dealership. Porsche only manufactured five cars of this limited-edition model globally, so there was great excitement at the dealership when the car arrived in South Africa. Porsche enthusiasts were flying from all over the country to see the car. People were offering more than double the amount Shane paid for the car. This got the owner of the dealership to think whether he could sell the car for a much higher price, as the car had not yet been delivered and registered in Shane’s name. The owner of ‘Porsche Johannesburg’ sought legal advice from his attorney. The attorney scrutinised the ‘Contract of Sale’ document and found that whilst Shane signed it, the seller’s authorised representative did not, even though the document catered for the seller or its representative to sign the document. It seems that with all the excitement when Shane signed the document to purchase this specific Porsche model at the time, subsequently no one realised that the seller’s authorised representative did not sign the document. The seller’s authorised representative admitted that it was an oversight on his part that he did not sign the ‘Contract of Sale’ document, to indicate the seller’s acceptance of Shane’s offer. Shane assumed that the document was signed by all the relevant parties. Shane thereafter received a letter from the seller’s attorney indicating that a valid contract of sale was not concluded between the parties for the sale of the Porsche limited-edition car as the seller’s authorised representative did not sign the ‘Contract of Sale’ document, which according to the attorney meant that the mode of acceptance was not complied with. The letter went further to state that the seller will not be selling the Porsche car to Shane, but the seller will be refunding him the purchase price he paid plus the amount he paid for the sunroof. Shane is furious and he approaches you for legal advice. Formulate a legal opinion for Shane wherein you specifically advise him only about the issues relating to the prescribed mode of acceptance, and if the mode of acceptance was not complied with, whether a valid contract of sale was concluded between the parties. Assume that when Shane signed the ‘Çontract of Sale’ document, it constituted a valid offer, and further assume that the only contentious and relevant issue pertaining to the acceptance, relates to the mode of acceptance. Do not discuss the issue of waiver and do not discuss breach of contract. Also, do not apply the Consumer Protection Act 68 of 2008.