SECTION A: THE LAW OF DELICT 10 1. Angela, a social media inuencer, resides in an exclusive, privately- owned, and managed estate on the outskirts of Cape Town. Her residence is hidden extremely well due to overgrown fynbos, naturally camouflaged fencing, and a nearby mountain adjacent thereto. Angela has as a result thereof become so accustomed to the 'solitude' and 'privacy' that comes along with it that she does not have any curtains or blinds in her house. Although she had not encountered problems therewith since moving into her house a year ago, she recently saw a 'drone' flying over her house and 'hovering' in her garden around her house after which photos of the interior and exterior of her house were published in an interior decorating magazine, Celebrity Houses, and on its Facebook page. Celebrity Houses described Angela's taste in its magazine article in such poor terms that it caused a massive loss in social media followers for her, and various sponsors dropped her as brand ambassador. As social media influencer, she is financially dependent on having many social media followers and being a brand ambassador for the brands that dropped her. Considering the facts of the above scenario. answer the following guestions: 1.1 Briefly explain to Angela what the concept 'delict' means in terms of South African law. (2) 1.2 With reference to the 'elements of a delict', discuss whether Celebrity Houses can be held delictually liable by Angela. (6) 1.3 If so, motivate which 'remedies' can be used by Angela to recover the losses that she has possibly suffered. (2) Page 2 of 6 SECTION B: THE LAW OF CONTRACT 10 2. Brad, a business owner, recently decided to convert a block of apartments from electricity to solar power. In line with this decision, he contacted Charlie, who is the owner of a solar power installation company called 'Solar Solutions', to assist him with this process. During their conversation, Brad and Charlie came to an agreement based upon the type and size of solar system Brad would need to supply the entire block of apartments, and the installation process thereof. This agreement was reduced to writing and signed by both parties immediately thereafter. When Charlie arrived at the block of apartments to deliver the system, Brad asked him when the installation thereof would take place. Charlie informed Brad that Solar Solutions only supplies solar systems and does not assist with the installation thereof. Brad consequently approaches you for advice. With reference to the facts of the above scenarioI answer the following questions: 2.1 Briefly explain to Brad what the concept 'contract' means in terms of South African law. (2) 2.2 With reference to the 'elements of a valid contract', discuss whether the contract between Brad and Charlie is valid and enforceable. (6) 2.3 If a valid contract were concluded between Brad and Charlie, identify and explain to Charlie which '_yp_e' of 'breach of contract' he would be perpetrating, and the 'remedy' that would be at Brad's disposal if Charlie refuses to install the solar system at Brad's block of apartments. (2) Page 3 of 6 SECTION C: THE LAW OF AGENCY [101 3. David, a local farmer, asks his neighbour, Ethan, to transport eighty (80) of his cattle to a local auction on his behalf as David cannot drive large vehicles anymore due to sight and other health-related issues. In exchange for transporting his cattle, David pays Ethan R5000.00. Once the cattle are safely at the auction, David's employee, Felicia, must sell the cattle on David's behalf. In addition, Felicia must also buy new cattle to the value of R50 000.00 on David's behalf. The buyer of David's cattle, Gerard, contacts Felicia after the auction to inform her that the entire herd has 'foot-and-mouth-disease'. Gerard explains to Felicia that an examination by the local veterinarian indicated that the herd had contracted the disease before the auction took place. He consequently requests to be refunded immediately for the loss of cattle and expenses incurred to medically treat the cattle. Felicia informs Gerard that he would have to contact David to discuss the matter further as she only acted on his behalf. With reference to the facts of the above scenario, answer the following questions! 3.1 Differentiate between the concepts 'mandate' and 'agency'. (3) 3.2 With reference to the 'doctrine of undisclosed principal', indicate and discuss which party Gerard should pursue in this matter. (7) Page 4 of 6