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PVL3702 ASSIGNMENT 2 MEMO 2021 SUPER SEMESTER

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PVL3702 ASSIGNMENT 2 MEMO 2021 SUPER SEMESTER

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  • March 29, 2021
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PVL3702
LAW OF CONTRACT
UNISA
2021
ASSIGNMENT NUMBER 2
UNIQUE NUMBER 824275
DUE DATE:7 JULY 2021
TOTAL: 10 MARKS

, Question 1
Which statement is INCORRECT?
1 A delict constitutes a civil wrong, and in appropriate circumstances, gives rise
to a duty to pay damages.
2 In general, a delictual obligation is imposed by law, whereas a contractual
obligation is voluntarily assumed by the parties.
3 The law of contract, delict, and unjustified enrichment, do not all relate to the
law of obligations.
4 In the absence of a valid contract, an unjustified enrichment claim may arise
when there is a transfer of wealth from one person’s estate to another person’s
estate, without a good legal ground or cause for this shift.
5 Sometimes, concurrent contractual and delictual liability can arise, such that
the plaintiff may sue the defendant, on either basis. (1)


Question 2
X makes an offer to sell her watch to Y for R2500. X and Y agree on 15 May that
X’s offer will be open for acceptance until 31 May. On 20 May, X informs Y that
she (X) intends to sell this watch to Z on 30 May. On 21 May, Y informs X that
he (Y) accepts the offer, but X refuses to sell the watch to Y. Which statement
is CORRECT?
1 An option contract was concluded between X and Y on 15 May.
2 An option contract was not concluded between X and Y.
3 From these set of facts, the only legally binding agreement concluded
between X and Y occurred on 21 May.
4 After X informed Y on 20 May that she (X) intends to sell the watch to Z, the
option contract concluded on 15 May became null and void, but it was
subsequently revived on 21 May when Y accepted X’s offer.
5 An option contract was concluded on 21 May when Y accepted the offer, and
a further contract was concluded for the sale of the watch on this day. (1)


Question 3
X has a watch that Y likes. On 5 August, X sends a written offer by post to Y, to
purchase Y’s watch for R10000. One of the terms in the offer is that the offer

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