Eddy and Carl live in Benoni but decide to spend their December vacation at Umhlanga Rocks....
Fantastic news! We've Found the answer you've been seeking!
Question:
Transcribed Image Text:
Eddy and Carl live in Benoni but decide to spend their December vacation at Umhlanga Rocks. Upon their arrival in Durban they hear that the beaches are closed as a result they are unable to swim. Eddy decides to stroll on the beach, while Carl went Mall hopping. Eddy finds a coin on the beach that is gold in colour. Assuming that the coin was a gold coin Eddy sells the coin for a large sum of money to Carl, who believes Eddy even after inspecting the coin. A few weeks later Carl discovers that the coin is brass and not gold as initially represented by Eddy. 1.1. What type of mistake did Eddy commit in terms of South African Law of contract? Evaluate this type of mistake. (10) 1.2 Explain whether this type of mistake may render Eddy and Carl's contract invalid. (5) 1.3 Assess Mistake and Misrepresentation and discuss the effect each has on the validity of a contract. (10) 1.4 Carl approaches you for advice. His friend, Eddy, who also works in the legal department, has explained to him that offer and acceptance forms the foundation of any agreement and is accordingly binding on both of them. Carl is unsure of these principles and requires clarification. Evaluate offer and acceptance with Carl as it has developed in South African Common law. (10) 1.5 Distinguish between void and voidable contracts. (10) 1.6. Assess the difference between failure to comply with the terms of a contract and breach of a contract, and discuss in full the possible remedies. (10) 1.7. Write notes, explaining the various ways that a contract may be terminated. (10) 1.8. Assuming Eddy finds a small bag of eight similar brass coins but still thinks that they are gold coins. He has been advised by Carl that he can make a small fortune selling these coins on-line. Eddy decides to create a website to trade these coins on line. Since Eddy is not computer literate he approaches you to assist him with his website. Describe to Eddy the provisions of section 43 of the Electronic Communications and Transactions Act 25 of 2002, wherein there is a compulsory disclosure of 18 kinds of information to consumers on the website, you however discover that only ten applies. Choose any ten kinds of compulsory information to be disclosed to consumers on the websites. (10) 1.9. Since Eddy has never concluded an agreement online, explain the following terms to Eddy in respect of the conclusion of online contracts: - 1.9.1 "Click-wrap" 1.9.2 "Browse-wrap" (5) (5) Eddy and Carl live in Benoni but decide to spend their December vacation at Umhlanga Rocks. Upon their arrival in Durban they hear that the beaches are closed as a result they are unable to swim. Eddy decides to stroll on the beach, while Carl went Mall hopping. Eddy finds a coin on the beach that is gold in colour. Assuming that the coin was a gold coin Eddy sells the coin for a large sum of money to Carl, who believes Eddy even after inspecting the coin. A few weeks later Carl discovers that the coin is brass and not gold as initially represented by Eddy. 1.1. What type of mistake did Eddy commit in terms of South African Law of contract? Evaluate this type of mistake. (10) 1.2 Explain whether this type of mistake may render Eddy and Carl's contract invalid. (5) 1.3 Assess Mistake and Misrepresentation and discuss the effect each has on the validity of a contract. (10) 1.4 Carl approaches you for advice. His friend, Eddy, who also works in the legal department, has explained to him that offer and acceptance forms the foundation of any agreement and is accordingly binding on both of them. Carl is unsure of these principles and requires clarification. Evaluate offer and acceptance with Carl as it has developed in South African Common law. (10) 1.5 Distinguish between void and voidable contracts. (10) 1.6. Assess the difference between failure to comply with the terms of a contract and breach of a contract, and discuss in full the possible remedies. (10) 1.7. Write notes, explaining the various ways that a contract may be terminated. (10) 1.8. Assuming Eddy finds a small bag of eight similar brass coins but still thinks that they are gold coins. He has been advised by Carl that he can make a small fortune selling these coins on-line. Eddy decides to create a website to trade these coins on line. Since Eddy is not computer literate he approaches you to assist him with his website. Describe to Eddy the provisions of section 43 of the Electronic Communications and Transactions Act 25 of 2002, wherein there is a compulsory disclosure of 18 kinds of information to consumers on the website, you however discover that only ten applies. Choose any ten kinds of compulsory information to be disclosed to consumers on the websites. (10) 1.9. Since Eddy has never concluded an agreement online, explain the following terms to Eddy in respect of the conclusion of online contracts: - 1.9.1 "Click-wrap" 1.9.2 "Browse-wrap" (5) (5)
Expert Answer:
Related Book For
International Marketing And Export Management
ISBN: 9781292016924
8th Edition
Authors: Gerald Albaum , Alexander Josiassen , Edwin Duerr
Posted Date:
Students also viewed these law questions
-
The Crazy Eddie fraud may appear smaller and gentler than the massive billion-dollar frauds exposed in recent times, such as Bernie Madoffs Ponzi scheme, frauds in the subprime mortgage market, the...
-
Planning is one of the most important management functions in any business. A front office managers first step in planning should involve determine the departments goals. Planning also includes...
-
Strike Bowling installs automatic scorekeeping equipment with an invoice cost of $180,000. The electrical work required for the installation costs $8,000. Additional costs are $3,000 for delivery and...
-
Saturated water vapor at 200 kPa is in a constant pressure piston cylinder. At this state the piston is 0.1 m from the cylinder bottom and cylinder area is 0.25 m2. The temperature is then changed to...
-
State the differences between klinkers and outliers. How do statisticians deal with each?
-
Determine the horizontal displacement of the roller at \(A\) due to the loading. \(E I\) is constant. PA B
-
1. How many minutes, on average, does it take for a first edition patron to get the requested book from time of entry into the library? (State all assumptions and show the calculations.) 2. How many...
-
The budget process and budgets themselves can impact management actions, both positively and negatively. For instance, a common practice among businesses is for management to spend any amounts...
-
Do some amendment and enhance the given research paper: Table of Content Abstract..3 Action Research.4 Research Methodology and Design...5 Literature Review: NoSQL Database7 Proposal.7 Iteration 1..8...
-
Describe a few contexts in which accessibility is used in day-to-day life.
-
What are such modifications and their effects?
-
Do the constraints reduce the number of applications for the reputation pattern?
-
What are the other terms used for accessibility? Explain them.
-
Are there any constraints, which need to be handled by the reputation pattern?
-
1. Play-2-Win is the latest lottery game in your country, and you happen to be the latest winner of $2.5 million. Your government has a guarantee on the funds and will not be paid before 10 years...
-
Consider the advantages and disadvantages of extending property rights so that everyone would have the right to prevent people imposing any costs on them whatsoever (or charging them to do so).
-
Execute an ANOVA to compare the attitudes and opinions of groups based on gender and age. What are the interesting findings?
-
What are the seven components of the marketing research report? Briefly discuss each objective and why it is important.
-
Are there other topics that should be added to this questionnaire?
Study smarter with the SolutionInn App