PVL3702 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 24 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!

PVL3702 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 24 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED! QUESTION 1 Page 7 of 9 Z hands over a written offer to sell his Rolex watch to X for R250 000. The offer is made to X only, and it sets out all the relevant terms for a contract of sale. Z signed the written offer as the seller. X and Y are best friends and they both sign the same document as buyers, as they want to purchase the watch jointly. X then hands the signed document to Z, who reads it. The next day Z finds a new purchaser (D) who immediately pays him R300 000 cash for the same watch. Z accepts this cash amount and hands the watch to D. When X and Y learn that Z sold the watch to D, they approach you for legal advice. Do a detailed analysis and application of the offer and acceptance requirements and advise X and Y if they concluded a legally binding contract with Z. Discuss fully and refer to case law in your answer. Do not apply the Consumer Protection Act 68 of 2008. Your answer must not exceed two typed pages or three written pages. [20] QUESTION 2 2.1 In accordance with which theory, is a contract concluded when and where the offeror learns or is informed of the acceptance? [2] 2.2 In accordance with which theory, is a contract concluded when the letter of acceptance reaches the address of the offeror? [2] 2.3 In accordance with which theory, is a contract concluded when and where the offeree posts his or her letter of acceptance? [2] 2.4 When a contract has been concluded through the use of electronic communications, which theory is used to determine when and where this type of contract has been concluded? [2] 2.5 Which theory is applied as the general rule to determine where and when a contract has been concluded? [2] [10] QUESTION 3 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 appoints Sandy as his estate agent to market the sale of the cluster homes. Sandy 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 signs the offer to purchase document presented to her by Gloria, 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 is not in the best position in the complex. Jack is of the view that a PVL3702 Oct / Nov 2023 Page 8 of 9 PVL3702 Oct / Nov 2023 legally binding contract was concluded with Gloria, in accordance with the written signed document, for the cluster home described in this 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 iustus error doctrine 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 this document. Discuss fully and refer to case law in your answer. Do not apply the Consumer Protection Act 68 of 2008. Your answer must not exceed two typed pages or three written pages. [20] QUESTION 4 List the requirements that must be proved for a claim based on undue influence. Only list these requirements and do not discuss these requirements. [10] QUESTION 5 P owns a commercial property which he leases to Q to operate a liquor business for a two-year period. Q does not have a liquor license and both P and Q know that it is illegal to operate a liquor business without a liquor license. P is also aware that Q does not have a liquor license to sell liquor. In accordance with the relevant statutory legislation, an agreement of lease concluded to operate a liquor business without the lessee having the requisite liquor license is illegal, and this statute renders such an agreement as being void. Q operates his liquor business from this premises for a period of six months and then he suddenly vacates the premises without giving any explanation to P. After vacating the premises, Q sends a letter of demand to P, claiming the six months rental he paid P for the time he occupied the premises. In this letter he states that the basis for his claim is that the lease agreement which he concluded with P was an illegal agreement, and therefore P was not entitled to receive any rental for the period Q occupied the premises. Will Q succeed with his claim against P for the return of all the rental he paid during the six-month period that he occupied the premises? Discuss fully and refer to case law in your answer. Do not apply the Consumer Protection Act 68 of 2008. Your answer must not exceed two typed pages or three written pages. [20] QUESTION 6 There was a terrible storm in Bloemfontein and as a result Craig suffers damages to his garage ceiling at home. He concludes a contract with Matthew to replace his ceiling boards in the garage. Matthew does a rushed job and uses defective materials, and the ceiling boards collapse after a few days. The ceiling boards fell on Craig’s motor vehicle. One of the terms of the contract was that all the materials that Matthew will use must be approved by the South African Bureau of Standards. It turns out that the ceiling boards Matthew used were bought from a second-hand shop and were defective, and not approved by the South African Bureau of Standards. It will cost Craig R15 000 for labour and materials to replace the ceiling boards, and it will cost R30 000 to repair the damage to his motor vehicle. Advise Craig if he will succeed with a claim against Matthew for the damages to both the ceiling boards and his motor vehicle. Discuss fully. Do not apply the Consumer Protection Act 68 of 2008. Your answer must not exceed two typed pages or three written pages. [20] TOTAL:[100] Page 9 of 9 © UNISA 2023 PVL3702 Oct / Nov 2023