ASSIGNMENT 01 QUESTION: Jack is a property developer who is well known for building residential developments. He recently built cluster homes in an upmarket suburb in Cape Town. All the cluster homes are built with the same size and layout, and they only differ with the positioning of each cluster in the complex. This development is brand new, and Jack is marketing the development himself. Jack shows Gloria a beautiful cluster home in the complex, which is next to the guardhouse at the entrance of the complex. Gloria immediately falls in love with this cluster home and a few days later she as the purchaser signs the offer to purchase document presented to her by Jack, who completed all the relevant details on the document relating to the description of the property. The document is later also signed by Jack as the seller. However, it subsequently turns out that the cluster home referred to in the signed document is not the one that Gloria viewed and fell in love with. The one she signed for and the one she viewed are different properties. In fact, the cluster home she signed for is right at the back of the complex which she never viewed, and which is not in the best position in the complex. Jack is of the view that a legally binding contract was concluded with Gloria, in accordance with the written signed document, for the cluster home described in the document. Gloria approaches you for legal advice as she thought that she was signing for the cluster home that was next to the guardhouse at the entrance of the complex. Apply the will theory and the direct reliance theory and advise Gloria whether she concluded a legally binding contract with Jack, based on the written document that they both signed, for the cluster home described in the document. Discuss fully and refer to case law in your answer. Do not apply the Consumer Protection Act 68 of 2008. [10] For the first assignment, you are required to read two cases (which are referred to in the next paragraph). Together with the reading of these cases, you must identify and study all the relevant pages in the prescribed textbook to fully answer the assignment question. There could be relevant content in the textbook that is not prescribed for study purposes but may still be relevant for this assignment question. Note that finding and reading the cases is part of showing that you are able to conduct basic research, before you proceed to answer the question. When you read a case as part of your researching exercise, you must identify whether a case is relevant to the facts in the problem-type question, and if so, to what extent. As part of The two cases that you must read for the first assignment are Maresky v Morkel 1994 (1) SA 249 (C), and Constantia Insurance Co Ltd v Compusource (Pty) Ltd 2005 (4) SA 345 (SCA) or 2005 JOL 14053 (SCA). You can find these judgments in conventional law libraries, online at the website of the Southern African Legal Information Institute (SAFLII) (www.saflii.org), or as an e-resource on the Unisa Library site. On the Unisa Library site click on \"Find e-resources\". Then click on \"Subjects\" and after that, scroll down the page and click on \"Law". Scroll down to and click on \"Jutastat e-Publications (Juta Law Online)" or \"LexisNexis (South African Law)", to find the South African cases that you are looking for. Use any method that works for you to find these cases. Importantly, once you find and read the two cases mentioned in the previous paragraph, use these two cases to also identify the relevant section(s) in the prescribed textbook to fully answer the assignment question. Study the relevant section(s) of the textbook to answer the assignment question. Use these two cases that you read, and other cases as well which are discussed in the relevant sections of the prescribed textbook to fully answer the assignment question set out below. Marking rubric Evaluation criteria Not yet Partially | Achieved Achieved | achieved 1. ldentifying the problem. 0 0.5 1 2. Discussing the relevant law applicable to the | O 0.5-3.5 A problem referring to authorities, acknowledging sources and avoiding plagiarism. 3. Applying the law to the facts of the problem. |0 0.5-2 25 4. Giving appropriate advice. 0 0.5 1 5. Answer presented in an acceptable format: a. Language used is consistent with the conventions in the discipline of law. 0 0 0.5 b. Correct reference techniques used. 0 0 0.5 c. Complied with the length restriction for the assignment. 0 0 0.5