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PVL3702 assignment 1 semester 2 2024

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Module
Pvl3702 law of contract (PVL3702)

Institution
University Of South Africa (Unisa)

QUESTION: 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...

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assignment

Institution
University of South Africa (Unisa)
Module
Pvl3702 law of contract (PVL3702)

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2024
ASSIGNMENT 01
UNIQUE NO:71851
SEMESTER 2
DUE 19 AUGUST 2024,

[LAW OF CONTRACT PVL 3702]
 COMPLEETE ANSWERS , 100 % TRUSTED WORKINGS , EXPLANATIONS AND SOLUTIONS , ALL
QUESTIONS ANSWERED FOR YOU

,PVL3702 ASSIGNMENT 01 QUESTION: 2024 (SEMESTER 2)

UNIQUE NUMBER: 718515

Important Information Relating to the PVL3702 Assignments You must note that the

timeous submission of Assignment 01 will grant you admission for the PVL3702

examination. You must further note that you will be required to submit two (2)

assignments for this module. One of the assignments will carry a 10% weighting and the

other assignment will carry a 90% weighting towards your year mark. It is only after the

due dates for the submission of both assignments have expired, will all students be

informed which assignment had a 10% weighting and which one carried a 90%

weighting towards your year mark. Instructions and Assignment Question for

Assignment 01

IT IS VERY IMPORTANT THAT YOU UNDERSTAND THAT YOU ONLY HAVE 1

ATTEMPT TO SUBMIT ASSIGNMENT 1. THE ONUS IS ON YOU TO SUBMIT THE

CORRECT ASSIGNMENT, AND TO SUBMIT AN ASSIGNMENT THAT IS COMPLETE

BECAUSE YOU ONLY HAVE 1 ATTEMPT TO SUBMIT PVL3702 ASSIGNMENT

1. Serious adverse consequences can apply if a lawyer in practice serves the

wrong document to the opposing party in the case, or even if an

incomplete/incorrect document or pleading is served or filed in the court file.

Therefore, ensure that you submit the CORRECT PVL3702 Assignment 1 as you

have 1 attempt to do so.

• The due date for the submission of Assignment 01 is NOT LATER THAN

20H00 on 19 August 2024.

• The Unique Number for Assignment 01 is 718515.

, • This assignment must be submitted by all students who are registered for the

PVL3702 module in the second semester of 2024.

• Your answer must not exceed two typed pages or three written pages

(excluding the bibliography) and you must comply with the requirements for

assignments. You must provide references as authority and prepare a

bibliography on a separate page. See Tutorial Letter 301 in this regard.

• This assignment covers study units 1 to 10 in the study guide.

• Keep the checklist and marking rubric in mind when doing this assignment

. • This assignment question is worth 10 marks (see the marking rubric below).

ASSIGNMENT 01

QUESTION: 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 is

marketing the development himself. Jack 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 as the

purchaser signs the offer to purchase document presented to her by Jack, 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 she never viewed, and which is not in the best position in the

, complex. Jack is of the view that a legally binding contract was concluded with Gloria, in

accordance with the written signed document, for the cluster home described in the

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 direct reliance theory 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 the document. Discuss fully and refer to

case law in your answer. Do not apply the Consumer Protection Act 68 of 2008.

[10] Regards,

Under the will theory of contract formation, a contract is formed when the parties

express their intention to be bound by the terms of the agreement. This theory focuses

on the outward expression of the parties' intentions rather than their actual intentions.

On the other hand, the direct reliance theory emphasizes the reliance of one party on

the other party's representations or conduct, leading to the formation of a contract.

In Gloria's case, based on the will theory, a legally binding contract was concluded

between her and Jack for the cluster home described in the signed document. This is
because both parties signed the offer to purchase document, which contained the

description of the property. The document serves as evidence of their intention to be

bound by the terms specified therein, regardless of any misunderstandings or mistakes

that may have occurred during the signing process.

However, under the direct reliance theory, Gloria may have a valid argument that she

relied on Jack's representations or conduct regarding the specific cluster home she
viewed and fell in love with. If Gloria can demonstrate that her decision to sign the

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