FACULTY OF BUSINESS AND MANAGEMENT SCIENCES

ASSIGNMENT COVER SHEET

Name & Surname: ______________________ ICAS No: _________________________
Qualification: __________________ Year: _______ Module Name: _____
Specialization: _________________________ Assignment Due Date: _______________
ID Number: __________________ Date submitted: __________ Semester: _______________

MARK EXAMINER’S MODERATOR’S

ASSESSMENT CRITERIA REMARKS
ALLOCATION MARK MARKS
MARKS FOR CONTENT
QUESTION 1.1 10
QUESTION 1.2 5
QUESTION 1.3 10
QUESTION 1.4 10
QUESTION 1.5 10
QUESTION 1.6 10
QUESTION 1.7 10
QUESTION 1.8 10
QUESTION 1.9.1 5
QUESTION 1.9.2 5
QUESTION 1.10 5
TOTAL 90
MARKS FOR TECHNICAL ASPECTS
1. TABLE OF CONTENTS 2
Accurate numbering according to
the numbering in text and page
numbers
2. LAYOUT AND SPELLING 3
Font – Calibri 11
Line Spacing -1.5
Margin should be Justified
3. REFERENCE 5
According to the Harvard Method
TOTAL MARKS 10
TOTAL MARKS FOR 100
ASSIGNMENT
EXAMINER’S COMMENTS

MODERATOR’S COMMENTS

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 Name of the Examiner : __________________ Name of the Moderator: __________________
Signature of Examiner: __________________ Signature of Moderator: __________________
Date : ___________________ Date: _______________ _____

Instructions and guidelines

NB: 1. Candidates are advised to read the guidelines in the study guide.
2. Assignment questions are on page 3 and 4.
3. For reference use prescribed, recommended books and other resources you may come
across.
4. Correct Harvard referencing carries (5 Marks).

The purpose of an assignment is to ensure that the student can:

• Use methods of enquiry and research in a disciplined field.

• Interpret and evaluate the text.

• Have a sound understanding of key principles and theori es, rules and awareness.

• Solve unfamiliar problems using correct procedures as well as investigate and critically analyse
information and report thereof.

• Present and communicate information reliably and coherently.

Instructions and guidelines for writing assignments

1. Use the correct cover page provided by the institution.

2. All essay type assignments must include the following structure:
2.1. Table of contents
2.2. Introduction
2.3. Main body with subheadings
2.4. Recommendations and Conclusions
2.5. Bibliography
3. The length of the entire assignment must have a minimum of 10 pages. Typed with font size 11
Calibri. 1.5 spacing.
4. The quality of work submitted is more important than the number of assigned pages.
5. Copying is a serious offence which attracts a severe penalty and must be avoided at all costs. If
any student transgresses this rule, the lecturer will retain the assignments and ask the affected
students to resubmit a new assignment which will be capped at 50%.
6. Use the Harvard referencing method.
7. Please note that these guidelines do not apply to quantitative subjects like Accounting and
Statistics.

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 COMM LAW 621
Eddy and Carl live in Benoni but decide to spend their December vacation at Umhlanga Rocks. Upon their
arrival in Durban they hear that the beaches are closed as a result they are unable to swim. Eddy decides to
stroll on the beach, while Carl went Mall hopping. Eddy finds a coin on the beach that is gold in colour.
Assuming that the coin was a gold coin Eddy sells the coin for a large sum of money to Carl, who believes
Eddy even after inspecting the coin. A few weeks later Carl discovers that the coin is brass and not gold as
initially represented by Eddy.
1.1. What type of mistake did Eddy commit in terms of South African Law of contract?
Evaluate this type of mistake. (10)
1.2 Explain whether this type of mistake may render Eddy and Carl’s contract invalid. (5)
1.3 Assess Mistake and Misrepresentation and discuss the effect each has on the validity
of a contract. (10)
1.4 Carl approaches you for advice. His friend, Eddy, who also works in the legal
department, has explained to him that offer and acceptance forms the foundation of any
agreement and is accordingly binding on both of them. Carl is unsure of these principles
and requires clarification. Evaluate offer and acceptance with Carl as it has developed in
South African Common law. (10)

1.5 Distinguish between void and voidable contracts. (10)

1.6. Assess the difference between failure to comply with the terms of a contract and
breach of a contract, and discuss in full the possible remedies. (10)

1.7. Write notes, explaining the various ways that a contract may be terminated. (10)
1.8. Assuming Eddy finds a small bag of eight similar brass coins but still thinks that they
are gold coins. He has been advised by Carl that he can make a small fortune selling these
coins on-line. Eddy decides to create a website to trade these coins on line. Since Eddy is
not computer literate he approaches you to assist him with his website. Describe to Eddy
the provisions of section 43 of the Electronic Communications and Transactions Act 25 of
2002, wherein there is a compulsory disclosure of 18 kinds of information to consumers on
the website, you however discover that only ten applies.
Choose any ten kinds of compulsory information to be disclosed to consumers
on the websites. (10)
1.9. Since Eddy has never concluded an agreement online, explain the following terms to
Eddy in respect of the conclusion of online contracts: -

1.9.1 “Click-wrap” (5)

1.9.2 “Browse-wrap” (5)

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1.10. Explain “Cybercrime” to Eddy as it appears in the South African legal context. You may
quote the relevant legislation. (5)