[Type the company name]
PRL5901
Assignment 2 2025
(185367) - Due 3
September 2025 |
ANSWERS
NO
PLAGIARISM
[Year]
, Exam (elaborations)
PRL5901 Assignment 2 2025 (185367) - Due
3 September 2025 | ANSWERS
Course
Drafting of Commercial Contracts (PRL5901)
Institution
University Of South Africa
Book
Drafting and Negotiating Commercial Contracts
Drafting of Commercial Contracts - PRL5901 Assignment 2 2025 (Unique
Number: 185367) - Due 3 September 2025; 100 % TRUSTED workings,
Expert Solved, Explanations and Solutions
FACTS: Your client is Mrs B and she approaches you for legal assistance
regarding the following: She has purchased an apartment in Cape Town from
X (Pty) Ltd, company that specialises in the development of sectional title
residential estates. Mrs B lives in Johannesburg. Mrs B wants to rent the
apartment out to suitable tenants and would like the following terms to be
part of the contract between her and a tenant: • A tenant must be between
the ages of 30 and 40 years. • Mrs B will not be liable for any damage
caused to the property of the tenant in the apartment for any reason, even if
it can be shown that the damage can be attributed to the fault of Mrs B. •
Mrs B has the right to summarily terminate the agreement at any stage
without providing reason, including if she decides to sell the apartment. •
Only agreements for 2 years or longer will be considered as Mrs B does not
want a high turnover of tenants. • If the agreement is cancelled by the
tenant, the tenant automatically will forfeit the security deposit. BRIEF: 1
Advise Mrs B on the content of the agreement that she proposes. 2 Draft a
suitable agreement for Mrs B for the purpose of renting out her apartment.
1. Legal Advice for Mrs B
Mrs B must be careful because South African law, particularly the Constitution, the Rental
Housing Act 50 of 1999, the Consumer Protection Act 68 of 2008 (CPA), and the common
law of contract, limit what she can put in a lease agreement. Let’s look at each proposed term:
(a) Tenant must be between 30 and 40 years old
Problem: This is unlawful discrimination based on age (prohibited under section 9 of
the Constitution and the Rental Housing Act).
Advice: She cannot impose an age restriction unless it is objectively justifiable (e.g.,
retirement village accommodation).
PRL5901
Assignment 2 2025
(185367) - Due 3
September 2025 |
ANSWERS
NO
PLAGIARISM
[Year]
, Exam (elaborations)
PRL5901 Assignment 2 2025 (185367) - Due
3 September 2025 | ANSWERS
Course
Drafting of Commercial Contracts (PRL5901)
Institution
University Of South Africa
Book
Drafting and Negotiating Commercial Contracts
Drafting of Commercial Contracts - PRL5901 Assignment 2 2025 (Unique
Number: 185367) - Due 3 September 2025; 100 % TRUSTED workings,
Expert Solved, Explanations and Solutions
FACTS: Your client is Mrs B and she approaches you for legal assistance
regarding the following: She has purchased an apartment in Cape Town from
X (Pty) Ltd, company that specialises in the development of sectional title
residential estates. Mrs B lives in Johannesburg. Mrs B wants to rent the
apartment out to suitable tenants and would like the following terms to be
part of the contract between her and a tenant: • A tenant must be between
the ages of 30 and 40 years. • Mrs B will not be liable for any damage
caused to the property of the tenant in the apartment for any reason, even if
it can be shown that the damage can be attributed to the fault of Mrs B. •
Mrs B has the right to summarily terminate the agreement at any stage
without providing reason, including if she decides to sell the apartment. •
Only agreements for 2 years or longer will be considered as Mrs B does not
want a high turnover of tenants. • If the agreement is cancelled by the
tenant, the tenant automatically will forfeit the security deposit. BRIEF: 1
Advise Mrs B on the content of the agreement that she proposes. 2 Draft a
suitable agreement for Mrs B for the purpose of renting out her apartment.
1. Legal Advice for Mrs B
Mrs B must be careful because South African law, particularly the Constitution, the Rental
Housing Act 50 of 1999, the Consumer Protection Act 68 of 2008 (CPA), and the common
law of contract, limit what she can put in a lease agreement. Let’s look at each proposed term:
(a) Tenant must be between 30 and 40 years old
Problem: This is unlawful discrimination based on age (prohibited under section 9 of
the Constitution and the Rental Housing Act).
Advice: She cannot impose an age restriction unless it is objectively justifiable (e.g.,
retirement village accommodation).
