PVL3702 Assignment 2 Due 3 September 2024 (Detailed solution)
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Course
Law of Contract
Institution
University Of South Africa
Book
Law of Contract
Question 1:
Y and Z have reached an agreement where Y will offer to sell his leather couch to Z
first before offering it to others. This agreement is indicative of a pre-emption right,
where one party has the right of first refusal.
Correct Answer: 2. Y and Z concluded a pre-emption contract....
, Question 1:
Y and Z have reached an agreement where Y will offer to sell his leather couch to Z
first before offering it to others. This agreement is indicative of a pre-emption right,
where one party has the right of first refusal.
Correct Answer: 2. Y and Z concluded a pre-emption contract.
Question 2:
X coerces Y into signing a contract for the sale of Y's car at an undervalued price.
Given the circumstances of coercion and undue pressure, Y's most likely cause of
action would be to claim that the contract is voidable due to duress.
Correct Answer: 1. voidable at the instance of Y.
Question 3:
Jack persuades Jill to sell her house at a significantly lower price, and after
registration, breaks off the engagement. Jill’s claim would likely focus on undue
influence or improper pressure exerted by Jack, making the least relevant option that
Jack and Jill were in a close relationship, as it doesn’t directly address the undue
influence in the transaction.
Correct Answer: 3. Proof that Jack and Jill were in a close relationship at the time of
concluding their sale agreement.
Question 4:
In a contract where each co-debtor is liable for the full amount of the debt, this
constitutes joint liability where each debtor can be pursued for the entire debt
amount.
Correct Answer: 3. liability in solidum.
Question 5:
Tacit terms are those not explicitly agreed upon but inferred as necessary to give
effect to the contract. The incorrect statement is that a tacit term must be specifically
agreed upon and can only form part of a written contract, which is not accurate as
tacit terms can be implied in both written and oral contracts.
Correct Answer: 4. A tacit term is specifically agreed to by the parties and can only
form part of a written contract.
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