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PVL3702
Law of contract
ASSIGNMENT 1
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: - 718515
DUE DATE: - 19 AUGUST 2024
Includes Footnotes and/or Bibliography.
ASSIGNMENT PREVIEW
QUESTIONS
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.
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,PVL3702
718515
For the first assignment, you are required to read two cases (which are referred to
in the next paragraph). Together with the reading of these cases, you must identify
and study all the relevant pages in the prescribed textbook to fully answer the
assignment question. There could be relevant content in the textbook that is not
prescribed for study purposes but may still be relevant for this assignment
question.
Note that finding and reading the cases is part of showing that you are able to
conduct basic research, before you proceed to answer the question. When you
read a case as part of your researching exercise, you must identify whether a case
is relevant to the facts in the problem-type question, and if so, to what extent. As
part of this exercise, you must also consider if a case is not relevant, and if the
facts therein are distinguishable to the facts in the question that you are dealing
with. • The two cases that you must read for the first assignment are Maresky v
Morkel 1994 (1) SA 249 (C), and Constantia Insurance Co Ltd v Compusource (Pty)
Ltd 2005 (4) SA 345 (SCA) or 2005 JOL 14053 (SCA). You can find these judgments
in conventional law libraries, online at the website of the Southern African Legal
Information Institute (SAFLII) (www.saflii.org), or as an e-resource on the Unisa
Library site.
On the Unisa Library site click on “Find e-resources”. Then click on “Subjects” and
after that, scroll down the page and click on “Law”. Scroll down to and click on
“Jutastat e-Publications (Juta Law Online)” or “LexisNexis (South African Law)”,
, to find the South African cases that you are looking for. Use any method that works
for you to find these cases. • Importantly, once you find and read the two cases
mentioned in the previous paragraph, use these two cases to also identify the
relevant section(s) in the prescribed textbook to fully answer the assignment
question. Study the relevant section(s) of the textbook to answer the assignment
question. Use these two cases that you read, and other cases as well which are
discussed in the relevant sections of the prescribed textbook to fully answer the
assignment question set out below.
ASSIGNMENT 01 QUESTION:
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
