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LAW OF CONTRACT
PVL3702
UNISA
2021
ASSIGNMENT NUMBER 2
DUE DATE:10 MAY 2021
TOTAL: 10 MARKS
UNIQUE NUMBER: 647569
, ASSIGNMENT 01
DUE DATE: 10 MAY 2021
NO EXTENSION
COMPULSORY ASSIGNMENT
UNIQUE NUMBER: 647569
Assignment 01 contributes 10% towards your final mark for this module.
X is one of ten people interviewed for a job which requires specialist skills and expertise,
at company Y. All ten candidates were very keen to be employed at company Y, and at
their job interviews for this position, they all signed a document titled “Offer of
Employment”, which included the terms of employment proposed. Subsequently, X
received a “Letter of Acceptance” signed by the relevant authorised representative of
company Y, informing her (X) that she is the successful candidate, and congratulating her
on her appointment. X was also informed in this acceptance letter, that all the terms
included in the “Offer of Employment” document which X signed, will apply to her
employment with company Y. Based on this letter of acceptance, X then resigned from
her employment in Durban, in order to take up her new position at company Y, in
Johannesburg. She also then sold her house in Durban and made arrangements to have
her furniture moved to her new home in Johannesburg. However, to her surprise, X
thereafter received an apology letter from company Y, stating that the letter of acceptance
was sent to her by mistake, and that it was intended to be sent to another person who was
interviewed by the selection committee, as that person had the necessary skills and
expertise required for the position. Company Y is of the view that because it made an
administrative error and mistakenly sent the acceptance letter to X, a legally binding
contract was not concluded between the parties. Advise X fully, whether an enforceable
contract was concluded between her (X) and company Y. Apply the indirect
approach of the courts and refer to relevant case law in your answer. Do not apply
the Consumer Protection Act 68 of 2008 to this question. And also do not apply any
Labour Law principles to this question.
TOTAL ASSIGNMENT 01 [10]
INDIRECT APPROACH (IUSTUS ERROR DOCTRINE):
In terms of the Indirect approach, a party may escape liability to be bound to a contract
if it can be established that the party laboured under a mistake, which was both:
(WhatsApp Business): 084 591 8661
(F): 086 096 5452 www.llbexampacksandtutorials.co.za
__________________________________________________________________________________
LLB EXAM PACKS AND TUTORIALS
➢ Past paper solutions,
➢ notes,
➢ summaries,
➢ assignment packs &
➢ tuitions
LAW OF CONTRACT
PVL3702
UNISA
2021
ASSIGNMENT NUMBER 2
DUE DATE:10 MAY 2021
TOTAL: 10 MARKS
UNIQUE NUMBER: 647569
, ASSIGNMENT 01
DUE DATE: 10 MAY 2021
NO EXTENSION
COMPULSORY ASSIGNMENT
UNIQUE NUMBER: 647569
Assignment 01 contributes 10% towards your final mark for this module.
X is one of ten people interviewed for a job which requires specialist skills and expertise,
at company Y. All ten candidates were very keen to be employed at company Y, and at
their job interviews for this position, they all signed a document titled “Offer of
Employment”, which included the terms of employment proposed. Subsequently, X
received a “Letter of Acceptance” signed by the relevant authorised representative of
company Y, informing her (X) that she is the successful candidate, and congratulating her
on her appointment. X was also informed in this acceptance letter, that all the terms
included in the “Offer of Employment” document which X signed, will apply to her
employment with company Y. Based on this letter of acceptance, X then resigned from
her employment in Durban, in order to take up her new position at company Y, in
Johannesburg. She also then sold her house in Durban and made arrangements to have
her furniture moved to her new home in Johannesburg. However, to her surprise, X
thereafter received an apology letter from company Y, stating that the letter of acceptance
was sent to her by mistake, and that it was intended to be sent to another person who was
interviewed by the selection committee, as that person had the necessary skills and
expertise required for the position. Company Y is of the view that because it made an
administrative error and mistakenly sent the acceptance letter to X, a legally binding
contract was not concluded between the parties. Advise X fully, whether an enforceable
contract was concluded between her (X) and company Y. Apply the indirect
approach of the courts and refer to relevant case law in your answer. Do not apply
the Consumer Protection Act 68 of 2008 to this question. And also do not apply any
Labour Law principles to this question.
TOTAL ASSIGNMENT 01 [10]
INDIRECT APPROACH (IUSTUS ERROR DOCTRINE):
In terms of the Indirect approach, a party may escape liability to be bound to a contract
if it can be established that the party laboured under a mistake, which was both:
