[Date]
PVL3702 Assignment
1 Semester 2 2024
(718515) - DUE 19
August 2024
QUESTIONS AND ANSWERS
, PVL3702 Assignment 1 Semester 2 2024 (718515) - DUE 19 August 2024
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 is marketing the development himself. Jack 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 as the purchaser signs the offer to purchase document
presented to her by Jack, 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 she never
viewed, and 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 the 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 direct reliance theory 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 the document. Discuss fully and refer to
case law in your answer. Do not apply the Consumer Protection Act 68 of 2008
PVL3702 Assignment
1 Semester 2 2024
(718515) - DUE 19
August 2024
QUESTIONS AND ANSWERS
, PVL3702 Assignment 1 Semester 2 2024 (718515) - DUE 19 August 2024
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 is marketing the development himself. Jack 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 as the purchaser signs the offer to purchase document
presented to her by Jack, 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 she never
viewed, and 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 the 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 direct reliance theory 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 the document. Discuss fully and refer to
case law in your answer. Do not apply the Consumer Protection Act 68 of 2008
