BUSINESS LAW

Please assist with solutions and be brief on on your solutions: NB: South Africa Business Law

Read the scenario below then answer the questions that follow. Contracts are of critical importance especially in daily commercial and business transactions. Agreements are constantly being entered into for various purposes. A contract is binding in law and each party must deliver and perform according to their obligations as mutually agreed upon in the contract. Janice runs a bespoke luxury handbag boutique called La Bougee Boutique in an upmarket suburb of Durban. She buys and sells premium handbags. Janice has created a well-established name for herself in the fashion industry in South Africa. Janice has international clients who purchase handbags from her store. Her supplier Roderigo resides in Cape Town. Janice has a written contract in place with Roderigo which states that Roderigo will provide Janice with premium handbags which he imports from Italy. The contract shall span over a period of 2 years. One of Janice's obligations is to ensure that a part payment of 50% is transferred to Roderigo prior to the delivery of the handbags. The remainder shall be payed upon the delivery of the goods to her store. One of Roderigo's obligations is to ensure that all bags sold to Janice are authentic and suitable for sale. Question 4 Janice hires Mariam to assist her with the general store duties. Mariam describes herself as an employee at La Bougee Boutique. Mariam works from 8 am to 4:30 pm from Monday to Friday, and from 8 am to 12:30 pm on two Saturdays a month. Mariam reports to Janice. Janice allocates Mariam with her work schedule for the week, which includes driving the company vehicle to undertake deliveries to clients. Mariam also assists with the administrative work. Mariam requires a day of leave for personal reasons. She approaches Janice; however, Janice tells her that she is not entitled to paid leave as Mariam is an independent contractor. 4.1 4.2 Advise Mariam as to whether she is an employee or an independent contractor in terms of South (10 marks) African legislation. Justify your answer fully. Suppose Mariam has some free time during her working day. Mariam decides to visit her friend (20 marks) Maxene who works at a clothing boutique about 10 km away from La Bougee Boutique. Mariam takes the company vehicle, however en route to Maxene's place of work, Mariam collides with a motor vehicle. Both cars are extensively damaged. Is La Bougee boutique liable for the damaged caused. Discuss fully using the relevant doctrine. (You are required to apply the relevant doctrine to the scenario provided)