QUESTION THREE [45]

3.1. Generally, the law will not interfere in contracts between parties, as it assumes that the parties are in an equal bargaining position and were not forced to contract, and they are in a position to decide on the terms of the contract themselves. However, this is not always the position. When dealing with large companies, people are forced to accept terms and conditions. Discuss the extent to which people are bound to terms on notices, signs, receipts, and tickets. Refer to South African case law to support your answer. (25)

3.2. Formulate the five forms of breach of contract indicating the who the breaching party is and provide a detailed discussion on the default of the debtor including reference to South African case law. (20)