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PVL3702 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (718515) - DUE 19 August 2024
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PVL3702 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (718515) - DUE 19 August 2024
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, PVL3702 Assignment 1 (COMPLETE ANSWERS) Semester 22024 (718515) - DUE 19 August 2024 ; 100% TRUSTED
Complete, trusted solutions and explanations
. 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
To determine whether Gloria has concluded a legally binding
contract with Jack for the cluster home described in the written
document, we need to analyze the situation using the will
theory and the direct reliance theory, referring to relevant case
law.
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