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Legal Advice on Contract Disputes

The document presents three legal scenarios requiring advice on contract and employment law. In the first scenario, Mandla questions the validity of a contract made on a napkin for selling a watch, while the second involves Trinny seeking a refund from a hitman for a failed assassination contract. The third scenario discusses Mandy's potential breach of a non-compete clause after leaving her job at a hair salon, raising questions about enforceability and legal precedent.

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8 views2 pages

Legal Advice on Contract Disputes

The document presents three legal scenarios requiring advice on contract and employment law. In the first scenario, Mandla questions the validity of a contract made on a napkin for selling a watch, while the second involves Trinny seeking a refund from a hitman for a failed assassination contract. The third scenario discusses Mandy's potential breach of a non-compete clause after leaving her job at a hair salon, raising questions about enforceability and legal precedent.

Uploaded by

rxlliazxin
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

TOPIC 5 TUTORIALS

Question5of6
Question 1
Pila, who is a salesman working on a commission basis, and Mandla, meet in a shebeen one
evening. Pila notices that Mandla is wearing a very expensive Ralax watch. Pila always wanted
to own a Ralax watch and offers to buy Mandla’s watch. Mandla is eager to sell his watch, as
he plans to buy a promise ring for his girlfriend and is in need of some extra money. After
haggling over the price, Mandla tells Pila that Pila can pay the purchase price of R5 000 in
regular instalments as his commission is paid to him from time to time. On a paper napkin in
the shebeen Pila writes a contract in which he offers to buy Mandla’s Ralax watch on the agreed
terms.

The next morning Mandla realises that he should not have sold his Ralax watch at such a low
price. Mandla consults with you and shows you the contract that was written on the paper
napkin, wanting your advice whether he can be bound to the contract.

Advise Mandla whether he is bound to the contract. Give a full explanation for your answer.
Refer to relevant sources of law, including case law. (10 marks)

Question 2
Trinny has been in an abusive marriage with Hector for over 10 years. She cannot withstand the
abuse any longer, and decides to find a hitman to kill Hector. She hears about Slim Shady who
is always ready to do anything for quick cash. She meets him, explains her problem, and then
pays him R50 000 to kill her husband. However, a week later, Slim Shady has not done the job.
In fact, he gets cold feet and changes his mind.

Trinny comes to you for legal advice. Advise her on whether she can legally claim her money
back from Slim Shady. Explain with reference to all relevant sources of law.
(6 marks)

Question 3
Mandy is a hairdresser who works for ‘Sleeky Looks’ hair salon, which is situated in
Braamfontein. When Mandy started working, she entered into an employment contract with the
owner of ‘Sleeky Looks’, Albertus. The contract contained the following clause:

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“In order to avoid the possibility of unfair competition and prejudice to ‘Sleeky Looks’,
Mandy agrees not to be engaged in and not to have any interest in any concern or
business that carries on business similar to that of ‘Sleeky Looks’ for a period of five
years after termination of the contract, within the province of Gauteng.”

Mandy is a very popular hairdresser, especially among the students living in Braamfontein.
Mandy’s young child suddenly develops separation anxiety and cries bitterly every morning
Mandy has to leave for work. As a result, Mandy resigns as a hairdresser at ‘Sleeky Looks’ and
stays at home with her child. Two years later, Mandy’s child is better and she decides to start
working as a hairdresser from her home in Brakpan, which is 47 kilometers from Braamfontein.
Albertus, as owner of ‘Sleeky Looks’, brings an application to court to enforce the restraint of
trade against Mandy.

Mandy consults with you. Advise her on whether Albertus will be successful with his application.
Refer to all relevant sources of law. (15 marks)

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