LML4806 Assignment 1 (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,... QUESTION: 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.” PVL3701 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.” PVL3703 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. PVL3704 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 to accept Jill’s offer because the offer was made to him, and also that he was conscious and aware of the offer that was made to him when he signed the contract of sale document. CIV3701 You must advise Jack only about the relevant aspects of his acceptance which are pertinent for this factual scenario, by making reference to the case law that you were required to read, and by also referring to the prescribed textbook. CPR3701 You must further advise Jack about his concern that he only informed Jill after 5 March 2024, that he accepted Jill’s offer. LEV3701 Ultimately you must advise Jack if a legally binding contract was concluded between him and Jill. Discuss fully. MRL3702 Do not apply the direct reliance theory and the iustus error doctrine to this question. Also do not apply the Consumer Protection Act 68 of 2008
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