Pandelani is a farmer on the outskirts of East London and is interested in buying another tractor,
Question:
Pandelani is a farmer on the outskirts of East London and is interested in buying another tractor, but can only afford a second-hand one. He comes across an advertisement placed in Farmer's Weekly magazine by Wouter, who resides in Gqeberha, to sell his second-hand John Deere CX60. Pandelani emailed Wouter to ask about the availability of the tractor and Wouter responds that it is still available, after which Pandelani makes an offer. Wouter emails Pandelani his acceptance letter on May 20, 2019. Wouter's email enters Pandelani's email account also on May 20, 2019. On May 25, 2019, Pandelani initiates logs into his email account while at a prestigious sheep auction in Bloemfontein and reads Wouter's acceptance email.
Q.4.7 Please refer to your answer in Q.4.6 above. Indicate when and where the contract between Pandelani and Wouter in this case arose.
Q.4.8 One day Pandelani is working on the farm on his new tractor that he bought from Wouter. His neighbor, Jasper, sees Pandelani on the tractor and claims that his tractor was stolen about 5 months earlier. Jasper demands the tractor back.
Inform Pandelani what recourse he would have against Wouter.
Q.4.9 Consider, instead, that a week after the tractor was delivered, while Pandelani was driving the tractor on the far edge of his farm, the tractor's engine stopped,
with the result that the tractor could not be driven absolutely. The mechanic informs Pandelani that the engine could not be repaired and was, in fact, defective for at least a few months.
Advise Pandelani on the legal position and what recourse he would have against Wouter in this instance.
Management
ISBN: 9780730329534
6th Asia Pacific Edition
Authors: Schermerhorn, John, Davidson, Paul, Factor, Aharon, Woods, Peter, Simon, Alan, McBarron, Ellen