1. With reference to case law discuss and distinguish between an option and a right of preemption. In your discussion explain the type(s) of remedies are available to the aggrieved party in the event of breach of either an option or right of preemption.

Piet Potgieter a regular client of C & C Crazy Hotel booked into the hotel on 25 January 2019 for seven nights stay at C & C Crazy Hotel and paid a total amount of N$ 3000.00 for three nights. Upon booking-in, Piet signed a register containing a clause in terms of which the hotel indemnifies itself against claims arising from theft. On the fouth day of his visit/stay, he realized that his camera and IPAD worth N$ 10000.00 has been stolen and Piet institute a claim against the Hotel. The Hotel owners refuse to refund Piet for his loss on the basis of the clause in the contract he signed, they are not obligated or liable to refund him. The client maintains that he was mistaken about the clause and therefore the contract between him and the hotel is void based on his error.

You are candidate legal practitioner working for AZ Legal Practitioners and upon receiving the cause of action, your principle gave you the file to draft an opinion to advise the client.

Please advise the client on whether or not there was a valid contract concluded between himself and the hotel; whether he has rights/claims against the hotel; if there are rights on what basis can it be brought or if there are no claims arising the basis of such an argument.

2.With reference to case law discuss and distinguish between an option and a right of preemption. In your discussion explain the type(s) of remedies are available to the aggrieved party in the event of breach of either an option or right of preemption.