PVL3702 PORTFOLIO MEMO - OCT./NOV. 2023 - SEMESTER 2 - UNISA - DUE 24 OCTOBER 2023 - DETAILED ANSWERS WITH FOOTNOTES & BIBLIOGRAPHY- DISTINCTION GUARANTEED!
QUESTION 1
Page 7 of 9
Z hands over a written offer to sell his Rolex watch to X for R250 000. The offer is made to X only, and it set...
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PVL3702
Law of Contract
PORTFOLIO MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: -
Due date: - 24 October 2023
Includes Footnotes and/or Bibliography
QUESTIONS – SEE PAGE 1
INCLUDES FOOTNOTES & BIBLIOGRAPHY
DETAILED ANSWERS
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Z hands over a written offer to sell his Rolex watch to X for R250 000. The
offer is made to X only, and it sets out all the relevant terms for a contract of
sale. Z signed the written offer as the seller. X and Y are best friends and they
both sign the same document as buyers, as they want to purchase the watch
jointly. X then hands the signed document to Z, who reads it. The next day Z
finds a new purchaser (D) who immediately pays him R300 000 cash for the
same watch. Z accepts this cash amount and hands the watch to D. When X
and Y learn that Z sold the watch to D, they approach you for legal advice.
Do a detailed analysis and application of the offer and acceptance
requirements and advise X and Y if they concluded a legally binding contract
with Z. Discuss fully and refer to case law in your answer. Do not apply the
Consumer Protection Act 68 of 2008. Your answer must not exceed two typed
pages or three written pages. [20]
QUESTION 2
2.1 In accordance with which theory, is a contract concluded when and where
the offeror learns or is informed of the acceptance? [2]
The information theory, which is the general rule in our law, states that the
agreement is concluded when and where the offeror learns or is informed of the
acceptance – in other words, when the offeror reads the letter of acceptance.
2.2 In accordance with which theory, is a contract concluded when the letter
of acceptance reaches the address of the offeror? [2]
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