Question 2

Roderigo offers Janice a limited edition crocodile vintage Mior bag at an extremely cheap price. Roderigo tells Janice that the handbag is authentic and that this offer is a rare one. Janice is excited about purchasing the bag as she has heard that only seven (7) of these bags exist. Janice purchases the bag from Roderigo, however a month later an authenticator in Durban confirms that the bag is a replica of the original.

2.1.Based on the above a breach of contract between Janice and Roderigo has occurred. What defense can Janice use to cancel the contract entered into with Roderigo? Discuss this defense fully. (7 marks) (You are required to apply the defense to the scenario provided)

2.2. Discuss fully what Janice must prove for her defence to be regarded as successful? (8 marks)

2.3.Janice wishes to understand the term breach (10 marks) You are required to discuss FIVE (5) types of breach of contract that are recognised by South African Courts.

Question 3 (20 Marks)

Janice wishes to safeguard her business at all given times. She has heard from a friend that there are certain individuals who lack contractual capacity, and there are also individuals who have limited contractual capacity. Janice approaches you for advice. Explain to Janice what the term capacity to act refers to in law. Furthermore, you are required to fully discuss the categories of persons who have LIMITED contractual capacity.