Question
Law of Contract The two cases that you must read for the first assignment are Kok v Osborne 1993 (4) SA 788 (SE), and Constantia
Law of Contract
The two cases that you must read for the first assignment are Kok v Osborne 1993 (4) SA 788 (SE), and Constantia Insurance Co Ltd v Compusource (Pty) Ltd 2005 (4) SA 345 (SCA).To find these cases see paragraph 4.4.2 above. Importantly, use these two cases to identify the relevant section(s)in the prescribed text bookto answer the assignment question. Study the relevant section(s) of the textbook. Use these twocases that you read, and the relevant prescribed sections of the prescribed textbook to fully answer the following question:
X is one of ten people interviewed for a job which requires specialist skills and expertise, at company Y. All ten candidates were very keen to be employed at company Y, and at their job interviews for this position, they all signed adocument titled "Offer of Employment", which included the terms of employment proposed. Subsequently, X received a "Letter of Acceptance" signed by the relevant authorised representative of company Y, informing her that she is the successful candidate, and congratulating her on her appointment. X was also informed in this acceptance letter, that all the terms included in the "Offer of Employment" document which X PVL3702/101/3/202123signed, will apply to her employment with company Y. Based on this letter of acceptance, Xthen resignedfrom heremployment in Durban, in order to take up her new position at company Y, in Johannesburg. She also then soldherhouse in Durban, and madearrangements to have herfurniture moved to hernew home in Johannesburg. However, to her surprise, X thereafterreceivedan apology letter from company Y, stating that the letter of acceptancewas sent to herby mistake, and that it was intended to be sent to another person who was interviewed by the selection committee, as that person had the necessary skills and expertise required for the position. Company Y is of the view that because it made an administrative error and mistakenly sent the acceptance letter to X, a legally binding contract was not concluded between the parties. Advise Xfully, whether an enforceable contract was concluded between her (X) and company Y. Apply the direct approachof the courts andrefer to relevant case lawin your answer.Do not apply the Consumer Protection Act 68 of 2008 to this question.
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