PVL3702 Assignment 1 (DETAILED
ANSWERS) Semester 1 2024 -
DISTINCTION GUARANTEED
ADMIN
[COMPANY NAME] [Company address]
, Jack is a property developer who is well known for building residential
developments. He recently built cluster homes in an upmarket suburb in Cape
Town. All the cluster homes are built with the same size and layout, and they
only differ with the positioning of each cluster in the complex. This
development is brand new, and Jack appoints Sandy as his estate agent to
market the sale of the cluster homes. Sandy shows Gloria a beautiful cluster
home in the complex, which is next to the guardhouse at the entrance of the
complex. Gloria immediately falls in love with this cluster home and a few
days later she signs the offer to purchase document presented to her by
Sandy, who completed all the relevant details on the document relating to the
description of the property. The document is later also signed by Jack as the
seller. However, it subsequently turns out that the cluster home referred to in
the signed document is not the one that Gloria viewed and fell in love with.
The one she signed for and the one she viewed are different properties. In
fact, the cluster home she signed for is right at the back of the complex, which
is not in the best position in the complex. Jack is of the view that a legally
binding contract was concluded with Gloria, in accordance with the written
signed document, for the cluster home described in this document. Gloria
approaches you for legal advice as she thought that she was signing for the
cluster home that was next to the guardhouse at the entrance of the complex.
Apply the will theory and the iustus error doctrine and advise Gloria whether
she concluded a legally binding contract with Jack, based on the written
document that they both signed, for the cluster home described in this
document. Discuss fully and refer to case law in your answer. Do not apply
the Consumer Protection Act 68 of 2008.
The will theory and the iustus error doctrine are legal principles that
may be considered in evaluating whether a legally binding contract
was concluded between Gloria and Jack based on the written
document they both signed.
1. Will Theory: The will theory focuses on the intention of the parties
involved in the contract. It asserts that a contract is formed when
the parties express their mutual consent and agree to be legally
bound by the terms of the agreement.
In Gloria's case, if she genuinely believed she was signing a contract
for the specific cluster home she viewed next to the guardhouse,
ANSWERS) Semester 1 2024 -
DISTINCTION GUARANTEED
ADMIN
[COMPANY NAME] [Company address]
, Jack is a property developer who is well known for building residential
developments. He recently built cluster homes in an upmarket suburb in Cape
Town. All the cluster homes are built with the same size and layout, and they
only differ with the positioning of each cluster in the complex. This
development is brand new, and Jack appoints Sandy as his estate agent to
market the sale of the cluster homes. Sandy shows Gloria a beautiful cluster
home in the complex, which is next to the guardhouse at the entrance of the
complex. Gloria immediately falls in love with this cluster home and a few
days later she signs the offer to purchase document presented to her by
Sandy, who completed all the relevant details on the document relating to the
description of the property. The document is later also signed by Jack as the
seller. However, it subsequently turns out that the cluster home referred to in
the signed document is not the one that Gloria viewed and fell in love with.
The one she signed for and the one she viewed are different properties. In
fact, the cluster home she signed for is right at the back of the complex, which
is not in the best position in the complex. Jack is of the view that a legally
binding contract was concluded with Gloria, in accordance with the written
signed document, for the cluster home described in this document. Gloria
approaches you for legal advice as she thought that she was signing for the
cluster home that was next to the guardhouse at the entrance of the complex.
Apply the will theory and the iustus error doctrine and advise Gloria whether
she concluded a legally binding contract with Jack, based on the written
document that they both signed, for the cluster home described in this
document. Discuss fully and refer to case law in your answer. Do not apply
the Consumer Protection Act 68 of 2008.
The will theory and the iustus error doctrine are legal principles that
may be considered in evaluating whether a legally binding contract
was concluded between Gloria and Jack based on the written
document they both signed.
1. Will Theory: The will theory focuses on the intention of the parties
involved in the contract. It asserts that a contract is formed when
the parties express their mutual consent and agree to be legally
bound by the terms of the agreement.
In Gloria's case, if she genuinely believed she was signing a contract
for the specific cluster home she viewed next to the guardhouse,
