Question $4[24]$

Carol envisages a cold winter in Johannesburg during $2022$ and she purchases a very

expensive heater. Assume that the Consumer Protection Act $68$ of $2008$ is not

applicable and answer the following questions:

$4\mathrm{.}1$

It actually wasn't a cold winter as Carol expected and she only used the heater

once. Carol takes the heater back to the shop and claims her money back. She

motivates that the contract was void due to a lack of consensus, as she never

anticipated that she will not have to use the heater. Advise Carol on the validity

of the contract

$(4)$

$4\mathrm{.}2$

When Carol removed the heater from the packaging, she realised that it was a

gas heater and not an oil heater. Carol takes the heater back to the shop and

claims her money back. She motivates that the contract was void due to a lack

of consensus because she was under the impression that it was an oil heater

that she had purchased

$4\mathrm{.}2\mathrm{.}1$

$4\mathrm{.}2\mathrm{.}2$

Advise Carol on the validity of the contract.

Suppose Carol signed a written contract for the purchase of a gas heater Carol

never read the contract before she signed it$.$ Will Carol still be able to demand

that the contract is void? Motivate your answer and refer to case law. $(10)$

$4\mathrm{.}3$

During the purchase of the heater. the salesperson made certain declarations to

Carol. Identify the nature of the declarations and discuss the effect of the

declarations on the validity of the contract if it was found to be untrue and

remedies, if applicable

$4\mathrm{.}3\mathrm{.}1$

'This unbelievable heater lets you feel as if you are in a sauna on a tropical

island"

This heater has the$\_$capacity to heat a$\_10.$ square metre room within $5$ minutes

$(2)$

$4\mathrm{.}3\mathrm{.}2$

This heater has tha capacity to heat a $10$ square meter room with in $5$ minutes