PVL3702 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - DUE : 19 AUGUST 2024 - UNIQUE NUMBER:- 718515 ( FULLY REFERENCED WITH FOOTNOTES- DISTINCTION GUARANTEED)
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Course
Law of contract
Institution
University Of South Africa (Unisa)
Book
The Law of Contract in South Africa
PVL3702 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - DUE : 19 AUGUST 2024 - UNIQUE NUMBER:- 718515 ( FULLY REFERENCED WITH FOOTNOTES- DISTINCTION GUARANTEED)
PVL3702
718515
For the first assignment, you are required to read two cases (which are referred
to in the next paragraph). Together ...
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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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 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.
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