TOPIC 3 TUTORIALS
Topic3of6
Question 1
Sara recently graduated from WITS University, where she obtained her LLB. Sara received a
position as a candidate attorney at the prestigious law firm, Royal Attorney’s.
Ben, Sara’s boyfriend, decides that he would like to buy Sara a graduation gift. Ben does not
know what to buy Sara. Ben decides to go to Shops Heaven Mall, hoping that he would find
something for Sara there. Ben walks past ‘Techies Got You’, where he saw a board advertising
iPad’s for R2 500. Ben realises that this is the perfect gift for Sara. Ben goes into the store.
John, the sale consultant sells Ben the iPad.
Ben, extremely happy with his purchase for Sara, continues to walk around the mall, looking for
a gift bag. While walking around, Ben thinks, that this is a once in lifetime deal, he might as well
go back and buy himself an iPad. Ben returns to ‘Techies Got You’. By this time ‘Techies Got
You’ was so busy with customers. Ben decided that he could not wait for a sales consultant to
assist him, as he needs to beat Johannesburg traffic. Ben decides to take an iPad off the shelf
by himself. When Ben arrives at the teller, the teller refuses to sell Ben the iPad as their system
shows that he has already bought one.
Ben stated that the board outside was an offer to purchase the iPad, therefore he is entitled to
the iPad, regardless of their policy. Ben also goes to state that he had to help himself to the
iPad, as no one was available to assist him. Ben so furious, leaves the store. Ben gets home
and tells Sara what had happened.
Imagine that you are Sara, and advise Ben whether ‘Techies Got You’ made an offer to sell.
Your answer must refer to all relevant law. (10 marks)
Question 2
Sammy is very upset, as her child left the front gate to her property open; and her dog, Yap-
Yap, ran away. She immediately printed posters with a photo of her beloved dog, and wrote her
telephone number on the posters, with the words “Reward of R1 000 to the person who returns
Yap-Yap to me”. Bella, a student who lives down the road, spotted a dog that looks like a stray
whilst on her way to university. She picked up the dog, and took it to the nearest vet, who
confirmed that the dog is Yap-Yap, as he (Yap-Yap) had an identification chip implanted, which
also listed Sammy’s details. Bella returned Yap-Yap to a delighted Sammy, who thanked her
Page 1 of 2
profusely. As Bella drove away, she saw Sammy’s poster with details of the reward on a
lamppost.
Bella drives back to Sammy, and asks for the R1 000 reward. Sammy refuses to pay Bella.
Bella is furious, as she went to all the trouble to have Yap-Yap identified, and now Sammy is not
keeping to her word.
(a) Briefly discuss whether the poster constitutes an offer or invitation to do business. In
substantiating your answer, refer to all relevant sources of law, including case law.
(10 marks)
(b) Advise Bella on whether Bella can legally claim the reward of R1 000 from Sammy. In
substantiating your answer, refer to all relevant sources of law, including case law.
(10 marks)
(Total marks: 20 marks)
Question 3
Maria, who lives in Pretoria, phones Nellie, who lives in Bloemfontein, on 1 June 2015 and
offers to buy the car Nellie advertised in a newspaper for R55 000. Nellie phones Maria on 5
June 2015 and accepts her offer.
3.1 When (date) and where (place) was the contract concluded? Explain your answer with
reference to the relevant theory that applies. Refer to relevant case law.
(5 marks)
3.2 Name the theory that will be applicable where the offer and acceptance is made via
electronic means such as an e-mail. (2 marks)
(Total marks: 7 marks)
Question 4
Xolani is bored over the weekend and strolls through the mall. He suddenly sees something
that makes his stop in his tracks. The shop, WooHoo Entertainment, has a sign in their window,
reading:
“SPECTACULAR STOCK REDUCTION SALE! ALL JIGGETY ACTIVITY TRACKING
WATCHES MUST GO! R70 CASH, TODAY ONLY AND UNTIL STOCKS LAST!”
Xolani rushes to the nearest ATM, withdraws R70 and rushes back to the shop, hoping there
will be stock left. He chooses his favourite colour All Jiggety Activity Track Watch, walks to the
till and places his R70 on the counter. The cashier asks him to pay an amount of R700. Xolani
is very upset and points the cashier to the sign in the window. The cashier merely says that
there is a printing error on the sign and refuses to sell the watch to Xolani for R70.
Xolani knows that you, his friend, is studying ComLaw and immediately phones you for advice.
What advice will you give your very upset friend Xolani? Refer to relevant sources of law,
including case law.
(10
marks)
Page 2 of 2