PVL3702
PVL3702 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 (198635)
DUE 7 April 2025
, ACTIVITIES
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 Gloria, 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. 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
PVL3702 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 (198635)
DUE 7 April 2025
, ACTIVITIES
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 Gloria, 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. 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
