Question: SECTION A [ 1 0 0 MARKS ] Read the scenario below and answer ALL the questions in this section. Instructions: - Only South African
SECTION A MARKS Read the scenario below and answer ALL the questions in this section. Instructions: Only South African Law is to be referred to ALL examples must be practical in nature ie it must demonstrate independant knowledge of the student. Thando and Ayanda, both entrepreneurs based in Durban, have identified a lucrative opportunity to start a vending machine business in response to the growing demand for hygiene products. Their business will focus on selling essential health items such as wet wipes, masks, and hand sanitiser through vending machines strategically placed outside major shopping malls in Durban. These locations will target hightraffic areas, including malls, ensuring they cater to the needs of both local shoppers and tourists. Thando recently invested in a fleet of modern, cashless vending machines designed for easy access and convenience. His role in the partnership involves the full management of these machines, including securing placement agreements with shopping mall management, installation, and regular maintenance. He will oversee the daytoday operations of the vending machines, ensuring they function efficiently and are serviced when necessary. Thando has also committed to dealing with the capital expenditure for acquiring the machines, and bearing the cost of any potential repairs or upgrades needed to keep them operational. Ayanda is an established wholesaler who has been supplying personal care and hygiene products to businesses across Durban. She will take charge of supplying the vending machines with highdemand products, including branded wet wipes, face masks, and hand sanitiser. Ayandas responsibility is to ensure that the machines remain wellstocked, maintain a consistent supply chain, and source quality products that meet the necessary South African safety and hygiene standards. She will negotiate with manufacturers to secure competitive pricing, ensuring the business maintains profitable margins. To formalise their business relationship, Thando and Ayanda agree on a revenuesharing model. The profits generated from sales at the vending machines will be divided equally between the two partners after covering operational costs, including restocking, machine maintenance, and rental fees for space outside the malls. Ayanda will invoice Thando monthly for the cost of the supplies, while Thando will provide a detailed breakdown of machine sales and operational expenses. Any excess funds will be split evenly at the end of each month. Singh QUESTION Marks Discuss the term animus contrahendi You are required to provide TWO examples to illustrate your understanding of the term. Marks Thando seeks your assistance as he wishes to ensure that the contractual relationship between both parties is sound in law. He knows that the agreement must comply with any formalities required for that type of contract. You are required to fully advise Thando regarding the remaining SEVEN essentialia of a contract. In your discussion you must also provide practical examples for each element which you have listed.
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