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PVL3702 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 (148712) - DUE 26 August 2025 ;100% TRUSTED Complete, trusted solutions and explanations

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PVL3702 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 (148712) - DUE 26 August 2025 ;100% TRUSTED Complete, trusted solutions and explanations ASSIGNMENT 01 QUESTION: 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 a 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 when 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 the limited-edition Porsche, 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

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, PVL3702 Assignment 1 (COMPLETE ANSWERS) Semester
2 2025 (148712) - DUE 26 August 2025 ;100% TRUSTED
Complete, trusted solutions and explanations

3 ANSWERS PROVIDED



LEGAL OPINION FOR SHANE


Issue: Whether the seller complied with the prescribed mode
of acceptance, and if not, whether a valid contract of sale
was concluded.


Applicable Legal Principles
In South African contract law, for a valid contract to be
concluded, there must be a valid offer and an acceptance of that
offer, which results in consensus ad idem (a meeting of the
minds). If the offeror prescribes a specific mode of acceptance,
then acceptance must take place in that prescribed manner for a
valid contract to arise — unless the mode is merely directory
and not peremptory.
In Hawthorne v Desrosiers 1901 TS 491, the court held that if a
specific mode of acceptance is required, and that mode is not
complied with, no valid contract comes into existence unless the
offeror waives the requirement or the offeree substantially
complies in a manner that achieves the same result.

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