Question
Consider each of the following scenarios and identify which requirement for the formation of a valid contract will be of importance in each scenario. 1
Consider each of the following scenarios and identify which requirement for the formation of a valid contract will be of importance in each scenario.
1 Klaas sells his car to Tommy for R225,000. When Klaas entered into the contract, he was taking very strong antibiotics, prescribed by his doctor. One of the side effects that Klaas was experiencing when he entered into the contract, was complete disorientation [confusion]. The day after Klaas entered into the contract he is surprised when Tommy calls on him to collect the car, as Klaas has no recollection of the contract that he entered into with Tommy.
2 Lance enters into a contract of sale with Dan for a five grams of cocaine.
3 Cheryl enters into a contract of sale with Dale for a second‐hand car. Dale believes that they are entering into a lease agreement.
4 Jamie threatens to kill Michelle if he does not sign an agreement selling his vintage car collection to her. (2)
5 Lerato, aged 17, is a qualified hairdresser. Her parents help her to set up a small hair salon in the cottage on their property. Lerato enters into a contract with Beauty Hair Care in terms of which she buys hair care products. She does so without the assistance of her parents. (2)
Sindy purchased a laptop from Sizwe for R3 000. The parties agreed that Sindy must deposit the full amount into Sizwe’s bank account. Sindy mistakenly deposits the purchase price into Samuel’s bank account. Answer the following questions.
1 Identify which source of obligation is depicted from the transaction between Sindy and Sizwe.
2 Identify which source of obligation is depicted from the transaction between Sindy and Samuel.
3 Briefly define the source of obligation identified in Q2 above.
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Scenarios and Requirements for Valid Contracts 1 Klaas and Tommy Requirement Capacity Explanation Klaass disorientation due to strong antibiotics migh...Get Instant Access to Expert-Tailored Solutions
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