Task 2: Legal Drafting QUESTION 3 INSTRUCTIONS: Refer to the set of facts below and answer the questions that follow Dakshina Alka is a 16 year old emancipated minor. She decides to buy a second hand laptop from Mrs Xolisile, a dealer in secondhand laptops. Without the assistance or consent of her guardian, Dakshina concludes a contract of sale with Mrs Xolisile. In terms of their contract, Mrs Xolisile agrees to sell Dakshina the laptop at the discounted price of R3 000.00, which shall be paid in monthly instalments of R1000.00. Mrs Xolisile then gives Dakshina the laptop at the time the contract is concluded. The actual value of the laptop at the time of the conclusion of the contract is R9 000.00. On 3 February 2020, one month after the contract was concluded, Dakshina fails to pay her monthly instalment for the second and third month. On 5 March 2020, Dakshina sells the laptop for R7 000.00 and spends the money on a luxury lounge suite worth R4 000.00 and the remaining R3 000.00 she uses to pay her rent. She does not pay Mrs Xolisile. Q.3.1 Mrs Xolisile approached Shiz Niz Attorneys, a law firm in which you are a legal intern, for advice on her prospects of success should she want to recover the debt. Your principal in the firm informs you of the facts of the case and instructs you to write a letter to Mrs Xolisile advising her of her legal position. In your letter, you must cover the following: 1. The type of agreement that was concluded; 2. The effect of Dakshina's status (emancipated minor); 3. What are Dakshina's obligations in terms of the contract;

4. In the event of default, what is the legal position; 5. What steps does Mrs Xolisile have to take in order to recover what is due to her. NOTE: As this is a research question, independent research should be conducted and students are required to read up on some of the above points relating to basic contract law principles. Q.3.2 Assume that Mrs. Xolisile has noted the advice in your letter, however, is determined to attempt to recover her losses as a result of Dakshina not paying her what is due in terms of the contract. Mrs Xolisile is insistent that you issue Summons against Dakshina, which you duly do. Dakshina gets a fright when she is served with the Summons and wants to avoid ensuing litigation. Dakshina agrees to attend your offices and sign an Acknowledgement of Debt in favour of Mrs Xolisile in order to avoid litigation. Draft the Acknowledgement of Debt that Dakshina will sign in respect of this matter.