Question
20 July 2022. Peggy, who lives in Cape Town, sees the advertisement and sends Amber an offer to purchase via email on 24 July 2022.
20 July 2022. Peggy, who lives in Cape Town, sees the advertisement and sends Amber an offer to purchase via email on 24 July 2022. Amber is away on vacation in Langebaan and only reads the email on 28 July 2022. Amber accepts the offer and responds via email on 01 August 2022. Peggy reads Amber's acceptance the next day, 02 August 2022.2.1 Discuss whether the advertisement made by Amber in the newspaper amounts to an offer. (1)2.2 Identify which party is the offeror. (1)2.3 Which theory would be applied to determine the time and place of conclusion of the contract between Amber and Peggy? (1)2.4 According to the correct theory identified in Question 2.3, indicate when and where did the contract between Amber and Peggy come into existence? (2)2.5 Assume that Amber's laptop is broken and cannot access her emails. Would it have an effect on the time and place of conclusion of the contract? (1)2.6 Which Act governs the contract entered into by Amber and Peggy? (1)2.7 Assume that Amber accepted Peggy's offer telephonically on the 28 July 2022. Indicate which theory would apply? (1)2.8 According to the correct theory identified in Question 2.7, indicate when and where did the contract between Amber and Peggy come into existence? (2)Question 33.1 Valentino buys a house with a pool but does not know how or what to use to clean the pool. He goes to The Pool Shop and indicates his dilemma to Vince. Vince recommends True Blue, a brand of chemicals, that is safe to use to clean his pool and tells Valentino how to use it. After purchasing True Blue from The Pool Shop, Valentino uses it in his pool according to Vince's instructions. The next day, Valentino notices that the floor and walls of the pool have started eroding due to the harsh chemicals contained in True Blue.Page 2 of 33.1.1 Vince thought that there was a possibility that the chemicals contained in True Blue could damage Valentino's pool but decided to sell it to him anyway because he needed to meet his sales target for the week. Identify type of misrepresentation. (1)3.1.2 Indicate what effect misrepresentation has on the validity of the contract. (1)3.1.3 Provide the requirements that must be met in order for Valentino to claim damages asa result of misrepresentation. (5) 3.1.4 Assume that Vince was shocked to find out that True Blue damaged Valentino's pool as it is a trusted brand that The Pool Shop has been recommending to their customers for 20 years. Vince later discovers that the supplier incorrectly labelled the container as True Blue but it contained a completely differently chemical. Identify the type of misrepresentation. (1) 3.1.5 Indicate whether Valentino may claim damages sounding in delict from The Pool Shop and provide a reason for your answer. (2) 3.1.6 Indicate whether Valentino may claim contractual damages from The Pool Shop.
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