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In Durban, South Africa, Lungile, a connoisseur of luxury fragrances, contacted Naledi, a boutique perfume dealer with a store in Gateway Mall, expressing interest in

In Durban, South Africa, Lungile, a connoisseur of luxury fragrances, contacted Naledi, a
boutique perfume dealer with a store in Gateway Mall, expressing interest in purchasing a rare
limited-edition Chanel perfume, the "Chanel No.5 Collector's Edition," on May 1,2023.
Naledi received Lungile's inquiry via WhatsApp on May 5,2023. Following their customary
method of communication, Naledi messaged Lungile back and verbally confirmed the sale on
May 15,2023. Lungile then transferred R20,000 to Naledi on July 10,2023.
However, Naledi later discovered that the Chanel No.5 Collector's Edition was no longer
available in her inventory. On August 1,2023, she contacted Lungile and explained the
situation, offering a limited-edition Dior perfume as an alternative. Despite knowing that the
Dior perfume was a sample bottle and not intended for retail sale, Naledi offered it to Lungile
as a replacement for the Chanel fragrance. Lungile, unaware of the perfume's true nature,
agreed, stating "let's proceed with the deal." Later, Lungile discovered that the Dior perfume
purchased from Naledi was a sample bottle, leading to a dispute over the authenticity of the
perfume and the terms of their agreement.
1.1 When and where was the contract concluded? Provide reasons for your answer. (10)
1.2 Who is the offeror and who is the offeree? Explain your reasoning. (5)
1.3 Does Naledis conduct constitute a breach of contract? Give reasons for your response. (15)
1.4 Which court has jurisdiction over the matter? Substantiate your response. (5)
1.5 Dior found out about the counterfeit items and filed a case against Naledi. What are the
grounds of Dior's case? Justify your response. (5)

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