Question 4:

Jason is a 16-year old high school learner (grade 10). He bought a motorbike online from Draya without the consent of his parent/guardian for R45 000 and transferred the full amount immediately.

4.1. It later turned out that the motorbike is only worth R10 000. Is Jason bound to the contract and does he have any remedies? Give reasons for your answer.

4.2. Would it have made a difference to your answer in 2.1 above if the motorbike was worth R55 000? Is there any way that Jason/s parent/guardian can assist his to continue with the contract?

4.3. Would it have made a difference to your answer in 2.1 above if Jason at all times pretended to be a major (have full contractual capacity? Give reasons for your answer.

(7 marks)