QUESTION ONE

Mr Robertson is a manufacturer and exporter of heating and ventilating equipment in Mauritius. Mr Robertson entered into a contract of sale with Mr Modomo, an owner of a warehouse in Gaborone, in terms of which the former agreed to deliver 1,000 air conditioners to the latter on the basis of:

CIF landed (2000) Walvis Bay,M/V Queen Victoria.

The air conditioners were transported by M/V Queen Victoria to Walvis Bay, where all air conditioners were off-loaded to the customs shed for inspection. The captain of the ship then sent a cable to Mr Modimo stating that the air conditioners are placed in the customs shed and that the ship was proceeding on its way to the next port of call. Immediately thereafter, the customs shed was burned down by some rioters, destroying all the air conditioners.

Advise Mr Modimo on his legal rights arising from the Incoterm in relation to the contract of sale.

QUESTION TWO

'Every party entering into a contract is presumed to have the legal capacity to do so, unless the contrary is proved, so the burden of proving lack of capacity lies on the party setting it up as a defence'.

GB Bradfield, Christie's Law of Contract in South Africa(7^th edn, LexisNexis 2016) 265-266.

Discuss the correctness or otherwise of the statement and the law relating to the contractual capacity of minors.