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Question 4 Q.4.8 One day Pandelani is working on the farm in his new tractor that he bought from Pandelani is a farmer just outside
Question 4 Q.4.8 One day Pandelani is working on the farm in his new tractor that he bought from Pandelani is a farmer just outside East London and he is interested in buying another tractor but Wouter. His neighbour, Jasper sees Pandelani on the tractor and claims that the can only afford a second hand one. He comes across an advert placed in the Farmer's Weekly magazine by Wouter, who resides in Gqeberha, to sell his second-hand John Deere CX60. Pandelani emails Wouter to enquire about the availability of the tractor and Wouter replies that it tractor was stolen from him about 5 months earlier. Jasper demands the return of is still available, after which Pandelani makes an offer. Wouter emails Pandelani his letter of the tractor. acceptance on the 20" May 2019. Wouter's email enters Pandelani's Gmail account also on the 20th May 2019. On the 25th May 2019, Pandelani logs into his Gmail account while at a prestigious Advise Pandelani what recourse he would have against Wouter. sheep auction in Bloemfontein and reads Wouter's email of acceptance. Q.4.9 Consider instead that one week after delivery of the tractor, while Pandelani was Q.4.1 Does the advertisement by Wouter in the Farmer's weekly amount to an offer? driving the tractor on the furthest edge of his farm, the engine of the tractor seized, with the result that the tractor could not be driven at all. The mechanic informs Q.4.2 Explain the difference in legal consequences between an option and a right of first Pandelani that the engine could not be repaired and had, in fact, been faulty for at refusal. least a few months. Q.4.3 With reference to the set of facts, evaluate whether the requirements of a valid Advise Pandelani on the legal position and what remedy he would have against acceptance have been met. Wouter in this instance. Q.4.4 Which theory would be applied to determine the time and place of the conclusion of the contract between Pandelani and Wouter? Q.4.5 Refer to your answer in Q.4.4 above. Indicate when and where the contract between Pandelani and Wouter came into existence. Q.4.6 Assume that Wouter accepted Pandelani's offer telephonically on 25 May. Indicate which theory would apply to determine the time and place of conclusion of the contract. Q.4.7 Refer to your answer in Q.4.6 above. Indicate when and where the contract between Pandelani and Wouter came into existence in this instance
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