Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Craig and Pamela are friends, and they jointly own a very expensive painting, in equal shares. Pamela is involved in a serious car accident and

Craig and Pamela are friends, and they jointly own a very expensive painting, in equal shares. Pamela is involved in a serious car accident and is hospitalised for six months. During this time, she was heavily medicated because of the pain she constantly experienced due to her injuries. The medication often made her drowsy for long periods of time. On one occasion when Craig visited her in hospital, he presented her with a document and requested that she sign it. Craig explained to Pamela that it was a contractual document to appoint a service provider they were going to use, for the safe keeping of the painting they jointly owned, and he indicated that he had already signed the document. Pamela in her drowsy state did not read the document and she signed it. When she got discharged from hospital and regained her strength, she learnt that the document she signed gave full ownership rights of the painting to Craig without Pamela receiving any compensation, and it had nothing to do with appointing a service provider to keep the painting safe. Assume that the written agreement that both parties signed complied with any applicable formalities that was required to grant full ownership rights of the painting to Craig. Pamela approaches you for legal advice. Apply the will theory and the direct reliance theory and advise Pamela whether she was bound by the written document that they both signed. Discuss fully and refer to case law in your answer. Do not apply the Consumer Protection Act 68 of 2008.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Business Law Text and Exercises

Authors: Roger LeRoy Miller, William E. Hollowell

8th edition

1305509609, 1305644823, 9781305856479 , 978-1305509603

More Books

Students also viewed these Law questions

Question

3. Are psychopaths anxious?

Answered: 1 week ago

Question

10. What is meant by a feed rate?

Answered: 1 week ago