Contract Law: Tutorial exercise 1

1. Thapelo owns and manages an eatery in Durban north coast. On 15 November

2022, the eatery in preparation for an influx of tourist during December 2022,
decides to recruit an additional waitron. On 22 November 2022, the eatery places
an advertisement on its website. The advertisement is as follows:

“Waitron required to assist in serving customers and performing related tasks at

R102 per hour. Interested persons must have interest and experience in the
hospitality industry; and must be bilingual. Available from 1 December 2022,
contact Thapelo at Thapelo@northcoasteatery.com.”

Joseph, who meets the requirements for the role, reads the advertisement on 25
November 2022. He immediately sends an email to Thapelo providing him with his
personal details and informing him that he looks forward to working at the eatery.
The email reaches Thapelo’s server in Durban on 26 November 2022. However,
Thapelo’s personal assistant deletes the email unaware. On 1 December 2022,
Joseph arrives at the eatery to commence work. Thapelo informs Joseph that he
has already appointed someone and asks him to leave the premises of the eatery
as right of admission to the premises is reserved. Joseph is upset and approaches
your law firm for legal advice. He informs you that he wants to sue the eatery for
breach of contract. Discuss his prospects of success with specific focus on
his (Joseph) relationship and the eatery. You must substantiate your answer
with authority. (12)

2. Cyril is a prominent farmer that owns three farms in the Groblersdal area. He
decides to sell one of his farms and accordingly places an advertisement in the
local newspaper through his agent Michael. Joel sees the advertisement and
contacts Michael to arrange for viewing. On 11 January 2023, Michael and Joel
meet at Cyril’s farm located in the south of Groblersdal. Michael confirms to Joel
that the farm is the one advertised for sale by Cyril. Joel expresses interest in
purchasing the farm and requests Michael to proceed to draft a sale agreement.
Michael drafts the agreement and sends it by email to Joel on 14 January 2023.
The email reaches Joel’s server in Polokwane on the same day. Joel accordingly
signs the agreement electronically under bona fide belief that the farm described
in the agreement is the one he viewed on 11 January 2023. He then sends back
the signed agreement to Michael on the same day by email. The email reaches
Michael’s server in Polokwane the following morning. On 16 January 2023, Joel
realizes that the farm described in the agreement is not the one located in the south
of Groblersdal. Instead, it is a farm located in the north of Groblersdal which he has
no interest of purchasing. Joel is upset and approaches you for legal advice.
Advise him on the validity of the sale agreement with reference to authority.
You can accept that Michael acted within the scope of his mandate at all
material times. (8)