PVL3702 Assignment
1 Semester 2 2024
(718515) - DUE 19
August 2024
QUESTIONS WITH COMPLETE ANSWERS
[School]
[Course title]
, PVL3702 Assignment 1 Semester 2 2024 (718515) - DUE 19 August
2024
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
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