,PVL3702 Assignment 1 (COMPLETE ANSWERS)
Semester 1 2025 (198635) - DUE 7 April 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
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
Semester 1 2025 (198635) - DUE 7 April 2025;
100% TRUSTED Complete, trusted solutions and
explanations.
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
