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2) Can you assist me with this exam Question IN TERMS OF SOUTH AFRICAN LAW Question 2 m Melusi and Graham are both studying at
2) Can you assist me with this exam Question IN TERMS OF SOUTH AFRICAN LAW
Question 2 m Melusi and Graham are both studying at The IIE's Varsity College. They recently met at the canteen and struck up a conversation while waiting for their lunch order. During the conversation, they discussed the fact that Graham, a second-year student, was looking to sell his first-year textbooks. Melusi, a new first-year student who was battling to purchase his textbooks due to financial trouble, verbally offered to buy all the textbooks from Graham, and Graham verbally confirmed that he accepted Melusi's offer, The parties agreed that the textbooks would be delivered by Graham to Melusi on campus the next day, 29 Feb 2024, and that Melusi would pay the price agreed upon for the textbooks, in cash, before Graham handed over the textbooks. On 29 Feb 2024, as agreed, Graham arrived at campus with all his Digital Communications textbooks and was told by Melusi that he believed that he had agreed to purchase LLB textbooks. Melusi refused to pay the purchase price to Graham, saying that he is not interested in Digital Communications textbooks as he is an LLB student. Graham was very upset. He informed Melusi that the contract between them had already been concluded and that Melusi was contractually bound to pay the agreed purchase price. Melusi, who knew that you were a second-year student with some knowledge of the law of contract, approached you for legal advice as he believed that there was a mistake while entering into the agreement with Graham. Explain the legal position and liability of both parties to Melusi. Your explanation must include the following: a) A clarification of the type of mistake that is relevant to these facts; (C_"- b) A discussion of the theory used to determine consensus in South Africa; i) c) A discussion of the theory that a court might hold Melusi contractually bound to pay the purchase price for the textbooks to Graham ekt d) A discussion of the theory on which Melusi should attempt to rely on to avoid contractual liability; (=) and e) An application of the law to the facts.Step by Step Solution
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