ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.198635
DUE DATE: 7 APRIL 2025
, PVL3702
Assignment 1 Semester 1 2025
Unique Number: 198635
Due Date: 7 April 2025
Law of Contract
Question 1: Gloria’s Case – Cluster Home
Gloria’s situation involves whether a legally binding contract was concluded for the
property described in the signed document, considering that she intended to buy a
different cluster home. To address this, we must look at two legal principles: the will
theory and the iustus error doctrine.
1. Will Theory
The will theory of contract law focuses on the actual intention of the parties. For a valid
contract to exist, there must be an agreement between the parties, based on their
intentions. In this case, Gloria’s intention was to buy the cluster home she viewed and
fell in love with—the one near the guardhouse. However, the written contract describes
a different cluster home, the one at the back of the complex.
Here, it is clear that Gloria and Jack were not on the same page. While Gloria thought
she was buying one property, the written document referred to another. Under the will
theory, it can be argued that there was no true consensus or “meeting of the minds”
(consensus ad idem) between Gloria and Jack. Without such consensus, a valid
contract cannot exist.
2. Iustus Error Doctrine