QUESTION 01
Sipho is planning to buy a motor vehicle for his daughter, Mary. Sipho decides to take R
120 000 out of his current bank account and invest this money on a short-term basis so
that he can earn interest on this money at a good rate and use this money and interest
towards the payment of the motor vehicle. Sipho subsequently approaches Fast Money
(Pty) Ltd, a company that provides financial advice to customers. Sipho discusses the
matter with Michael, the manager, and explains the reason why he wants to make this
investment. Sipho then instructs Michael to invest the money on his behalf so as to
ensure that he gets a good interest rate but also to ensure that his capital amount is
protected. Michael subsequently invests the money in an offshore investment. Ten
months later, Sipho decides to redeem his investment as he has now found the
perfect car for his daughter. However, when the investment is redeemed, Sipho
discovers that the capital amount has depreciated to R 100 000 (i.e. R 20 000 of the
capital sum has been lost).
Answer the following questions:
1.1. When does a contract of mandate arise? (3)
Mandate (mandatum, Afr lasgewing) is a contract in which one person, the mandatary,
undertakes to perform some lawful task for another, the mandator. In Roman-Dutch law, the
contract was said to be essentially gratuitous. the individual labor contract is usually concluded
for an indefinite period; instead, the mandate contract is concluded for a determined period; the
work of directors / directors with mandate is a leading one, and the case of representation, while
the work done by the employees is in most cases an execution. This contract arise as long both
parties has reached consensus.
1.2. Advise Michael on the duty of a mandatary to exercise reasonable care and skill in
the performance of his mandate. (2)
Just like the duties of director, a mandatary also should exercise reasonable care and skill in the
performance. A discussion on the duty of care, skill and diligence to be exercised by a director in
light of the Companies Act 71 of 20081 Duty to exercise care, skill and diligence. An agent must
1
Companies Act 71 of 2008
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller wealighttutorials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.70. You're not tied to anything after your purchase.