Question 4 (Marks: 30)

Together We Stand is an organisation that owns land in Soweto. They accidentally accept an offer submitted by Bongani to purchase Erf 231 in Soweto when in fact, they had instead intended to accept the tender which was submitted by Vusi to purchase the erf directly next door, Erf 233. Bongani is unaware of the mistake made by Together We Stand.

Together We Will stand cannot be held liable in terms of the contract with Bongani as the mistake was a material one.

Give a legal opinion in which you critically analyse the correctness of the above underlined statement. Mark allocation:

20 marks awarded in respect of correct legal position 10 marks awarded in respect of a clearly articulated and well-structured legal opinion.