TOPIC 4 TUTORIALS

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Question 1
Fred strolled through the mall after the Covid-19 lockdown, and was delighted to see many
shops advertising “specials”. He spotted a beautiful leather briefcase advertised with a price tag
of R200 when he enters the Leathers4U shop, and excitedly decided to buy it. At the pay point,
the cashier scanned the briefcase and the price reflected as R2 000. While the cashier was
scanning the briefcase, Fred was busy texting on his cellphone. The cashier told him that the
price is R2 000 and Fred, still distracted by his phone, nodded his head and handed the cashier
his credit card. Fred momentarily looked up from his phone to enter the pin number for his credit
card, continued texting, took his purchase and left the shop.

When Fred was outside the shop he received a SMS notification from his bank that he just
made a purchase in the amount of R2 000 at Leathers4U. A very upset Fred went back into
Leathers4U, insisting that he never agreed to buy the briefcase for R2 000. The manager
advised Fred that the transaction was valid and legal.

Fred meets with his friend Frisco, who is an attorney, insisting that the transaction was void as
there was no agreement on the price and that he wants his money back. Discuss how attorney
Frisco will advise Fred on this issue. Refer to the relevant sources of the law, including case
law. (10 marks)

Question 2
Zanele, who just turned 18 years old, landed her first job as an intern at Deloitte & Touche.
Since her high school days she always wanted a leather jacket, and she promised herself that
she would buy one with her first salary payment. In the week before pay day, she started
scouting for jackets. She went into a shop called Hides-R-Us where they sell leather goods such
as handbags, shoes and jackets. The store advertised in the window that they specialise in
leather goods. Zanele relished in the smell of leather in the shop. During her lunch break on pay
day, she went back to Hides-R-Us, excitedly telling the sales lady, Maude, that she wanted to
buy her first leather jacket. Maude smiled and said: “Go and have a look on that rail – our best
leather jackets are hanging there.” Zanele chose a beautiful brown jacket which was surprisingly
not as expensive as she thought it would be and handed it to Maude together with her credit
card, saying: “I will never forget this day! I have realised my dream of owning a real genuine
leather jacket.” Maude accepted payment and handed Zanele the jacket in a shopping bag. That
evening Zanele, dressed in her new leather jacket, went out clubbing with friends. She gushed
about her leather jacket, but disappointment soon took over when one of her friends noticed that

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the jacket was actually made from synthetic leather. Zanele is livid especially as she noticed a
sign in the shop indicating “No returns”.

2.1 Advise Zanele fully on her legal position in canceling the contract of sale with Hides-R-
Us. Refer to relevant sources of law. (10 marks)

2.2 For purposes of this question, assume that Zanele was able to cancel the contract.
Briefly outline what steps must be taken by Zanele and Hides-R-Us as a consequence of
being able to cancel the contract. (2 marks)

(Total marks: 12 marks)

Veronica is heartbroken. Her father died six months ago and on top of her grief, her fiancée
called off their engagement just two weeks before the wedding. She rushes to Madame Zee for
guidance and reassurance. She pays Madame Zee the consultation fee. Madame Zee
convinces Veronica that her fiancée will return to her once she signs over her inheritance of R2
million from her late father’s estate to Madame Zee. Veronica contracts with Madame Zee
believing that it will help get her fiancée back, and signs over her inheritance. However, she was
bitterly disappointed when her wedding day arrived, and her fiancée had still not returned to her.

Advise Veronica fully on her legal position in trying to get her inheritance back from Madame
Zee. Refer to relevant sources of law. (10
marks)

Question 4
Muriel is the owner of the Continental Restaurant, which overlooks a small dam. She advertises
the restaurant for sale, and Mosiu comes to inspect it with a view of buying it. Mosiu says: ‘I am
prepared to offer you R1.5 million.’ Muriel, who is in need of more money than this, decides to
try and persuade Mosiu to offer more. She says to Mosiu:

‘Look, this is no ordinary restaurant. Our customers include the President. With the liquor
license attaching to the premises, you can hold moonlight parties alongside the lake. It’s a real
bargain at R2 million.’

This speech tips the balance in Mosiu’s mind, and he buys at the asking price of R2 million.
When he takes over the restaurant, he discovers that the President only previously visited on

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one occasion, and nearly all the restaurant’s business is done during the day, so regular patrons
have no interest in holding parties next to the dam.

Advise Mosiu fully on what his chances of success would be in applying to cancel the contract.
Include in your answer a full discussion of applicable legal principles and remedies. Refer to all
relevant sources of law. (15 marks)

Question 5
Van der Merwe, a Karoo farmer, is approached by Joos, who says that his son, Slyke, has ‘X-
ray eyes’ and can ‘see water underground, sometimes as far down as 100 metres’. Joos offers
to have his son look for water on Van der Merwe’s farm for a fee of R20 000. Van der Merwe is
impressed with the son’s alleged supernatural abilities, and he decides to accept Joos’ offer.
Slyke’s divining efforts are unsuccessful and Van der Merwe reluctantly gives Joos a cheque for
the agreed contract price. Later that day, a police sergeant tells Van der Merwe to be ‘on the
look-out for a pair of tricksters, Joos and Slyke’ who are defrauding people by pretending to be
water diviners. Van der Merwe realizes that he is one of the victims and wants to stop payment
on the cheque. Advise Van der Merwe on his chances of success in setting aside the contract.
(15 marks)

Question 6
Funani is the wealthy owner of a security company. The operations of his company also involve
the protection of high-profile individuals. An A-list Hollywood actor, Bro-Bro, is visiting South
Africa and Funani’s company is tasked with his personal protection. Funani deploys five of his
security guards for this purpose. Shaka, the manager of Funani’s security team, approaches
Funani with a document which states that all the security personnel will, with immediate effect,
be granted a monthly salary increase of ten percent. Funani is furious, and angrily chases
Shaka out of his office. Shaka, however, does not leave, but instead informs Funani that he has
instruction to, should Funani refuse to sign the contract, the five security guards will immediately
stop the protection of Bro-Bro. Furthermore, the security guards deployed to protect Funani’s
children at their private school, where there was a kidnapping threat in the recent past, will also
leave. Funani signs the contract. At the end of the month, Funani, however, does not pay the
increases as agreed. Shaka, on behalf of the security personnel, sues Funani in terms of the
contract.

Funani approaches you for legal advice. Advise Funani fully on whether he is obliged to pay in
terms of the contract. Include in your answer, a discussion of his legal remedies. Refer to all
relevant sources of law, including case law. (15 marks)

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