Exam (elaborations)
PVL3702 Assignment 1 Semester 2 - Due 21 August 2023
- Institution
- University Of South Africa (Unisa)
- Book
- Law of Contract
PVL3702 Assignment 1 Semester 2 - Due 21 August 2023
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PVL3702ASSIGNMENT 1
SEMESTER 2
UNIQUE NUMBER: 698664
DUE DATE: 21 August 2023
Written Assignment Submission Guidelines:
The due date for the submission of Assignment 01 is NOT LATER THAN 18H00 on 21 August
2023.
.
NB: This assignment must be submitted by all students who are registered for the PVL3702
module in the second semester of 2023
QUESTION:
Carol, an owner of an exclusive bicycle shop advertised a special limited-edition bicycle for
sale, and invited the public to make offers for the bicycle. Jane and Portia were among many
people who submitted written offers for the bicycle. Jane’s offer was for R150 000, and
Portia’s offer was for R190 000. Although Carol intended to accept Portia’s offer, she
erroneously wrote a letter to Jane, wherein she accepted Jane’s offer. Jane believes that an
enforceable contract was concluded but Carol denies this.
Apply the iustus error doctrine and advise if a legally binding contract was concluded
between Carol and Jane. Discuss fully and refer to case law in your answer. Do not
apply the Consumer Protection Act 68 of 2008. [20]
ANSWER:
The iustus error doctrine, also recognized as the principle of justifiable error, is a legal
concept designed to address scenarios where a party commits an error during the creation
of a contract, but this mistake is deemed reasonable or justified given the circumstances.
The central issue in this scenario revolves around determining whether a legally binding
contract was established between Carol and Jane, even in light of Carol's error in mistakenly
accepting Jane's offer. To assess the applicability of the iustus error doctrine and the
existence of a legally enforceable contract, certain factors must be taken into account:
1. Offer and Acceptance: A pivotal component of forming a contract entails having
a valid offer and its corresponding acceptance. In this specific case, Carol
publicized a limited-edition bicycle for sale, inviting offers from the general public.
Both Jane and Portia submitted their respective written offers – Jane proposed
R150,000, while Portia's offer amounted to R190,000.
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