SECTION A [15 MARKS] Read the scenario below and answer ALL the questions that follow. Susan Pienaar is looking to sell her house in Constantia Kloof for R1.4 million. She appoints an estate agent, Abraham Isaacs of Isaacs Real Estate to sell the house on her behalf. Susan gives Abraham 6 (six) months to find a buyer as she will soon be emigrating to Australia to live with her three children. Abraham Isaacs agrees and enters into a contract with Susan to sell her house on her behalf. Abraham soon finds who he believes to be the perfect buyer for the house, Colin Xhosa. Abraham accepts an offer from Colin for R1.2 million without consulting Susan beforehand as he believes

QUESTION 1.1 (5 Marks) Identify the legal relationship and type of agreement between Abraham Isaacs and Susan Pienaar. QUESTION 1.2 (5 Marks) Susan wants to ratify the actions of Abraham whereby he accepted an offer from Colin, without her prior approval, on her behalf. Explain the requirements to give effect to a valid ratification. QUESTION 1.3 (5 Marks) Assume that Susan, the seller, is approached directly by Colin. She asks Colin to speak to Abraham her agent to finalise the sale of the house and agree on a purchase price. However, in the interim, Susan receives a higher offer and agrees to sell the house to another third party, Hayley Bekker, for the higher price of R1.3 million. Abraham and Colin are both unaware of Susans actions. When Colin becomes aware of this, he confronts Susan and she denies that Abraham ever had authority to act on her behalf. She tells him He was never my agent!. Can Colin rely on the remedy of estoppel to secure the purchase of the house and prevent Susan from denying that she did not accept the offer of R1.2 million? Support your answer. Make reference to the case study above