TUTORIAL LETTER 1

ASSIGNMENT 01

SEMESTER 2021 01

SUBJECT LAW OF CONTRACT

SUBJECT CODE LCN301

DUE DATE 23 APRIL 2021

PLEASE NOTE:
1) The completion of the assignment is compulsory for each module. Please
find your assignment questions for each module on MySBS by clicking on
this link http://bit.ly/MySBS_Groups.
2) Handwritten assignments will NOT be accepted. The assignment must be
typed in: MS Word format, 12 pt Arial font and 1.5 line spacing.
3) The submission method for your assignment will be through an
electronic platform. The submission instructions and platform will be
communicated to students 2 months before the due date.

Page 1 of Assignment
 TUTORIAL LETTER 1 (ASSIGNMENT 1) – 2021 FIRST SEMESTER
LCN301
LAW OF CONTRACT

IMPORTANT NOTICE:
No answer may exceed 2 (two) pages. The reason for this is that you must be able to extract
the salient points on the topic from your textbook and other sources and answer questions
straight to the point. It will show your lecturer that you have studied the topics and developed
good insight and are not merely repeating what is contained in the textbook. Five marks will
be deducted per answer that exceeds the limit of 2 (two) pages.

Question 1 [20]
Define the term “contract” and discuss each requirement for a valid contract in a short paragraph.
[Be mindful of the allocation of marks and do not merely name the requirements. You will have to
consult the whole textbook to obtain full marks.]

Question 2 [20]
As a general rule, no formalities are required for the formation of a valid contract: Provided all the
other requirements for validity are met. Write an essay regarding the two exceptions to this general
rule.

Question 3 [10]
Heidi and Peter entered into a written lease contract where Heidi must pay Peter R3 500 lease per
month. Their written contract contained a non-variation clause, but Peter has verbally allowed Heidi
to pay only R1 500 for the last three months. Define and discuss the relevant principle and refer to
applicable case law. In your answer also indicate whether or not the oral variation of the contract for
Heidi to only to pay R1 500 per month is valid.

Question 4 [10]
Mary walks down the street and sees a Maltese Poodle that is lost. She cannot immediately locate
the owner of the dog and takes it to her home. That night at a tea party, Mary’s friend told her that
an acquaintance of her, Sally lost her Maltese Poodle and Mary gets the home address of Sally from
her friend. The following day Mary returns the Maltese Poodle to Sally, who is the rightful owner of
the dog. Sally is very happy and thanks Mary. On Mary’s way back home, she sees a poster on a
lamp post, offering a reward of R2 000 for the Maltese Poodle. Mary goes back to Sally and claims
the R2 000 reward, but Sally refuses to give her the reward. Mary decides to institute legal action
against Sally to claim the reward. As Mary’s attorney, advise her on her prospects of success with
her claim. Refer to case law in your answer.

Question 5 [20]
Ben Botes and Fast & Furious Cars (Pty) Ltd, represented by Dominic Toretto, conclude a contract
of sale through which Ben Botes buys a BMW Z4 from Fast & Furious Cars (Pty) Ltd for R 500 000.
The car is to be delivered on 1 July 2020 and the price is to be paid in 10 (ten) equal monthly
instalments, commencing on 1 August 2020.

Page 2 of Assignment
 TUTORIAL LETTER 1 (ASSIGNMENT 1) – 2021 FIRST SEMESTER
LCN301
LAW OF CONTRACT

Draft the following clauses for the contract, clearly marked in the sequence given below. (DO NOT
ADD OTHER CLAUSES). You may add any additional information that you think is necessary to
draft the clauses.
5.1 A proper description of the parties. (4)
5.2 A clause on the required essentialia for this agreement. (3)
5.3 A penalty clause. (3)
5.4 A breach of contract clause. (4)
5.5 A non-variation clause. (2)
5.6 An entire agreement clause. (4)

Question 6 [20]
Mini Research Assignment
It is important for a law student to be able to do research and to independently debate topics and
draw well-considered conclusions based on legal principles and supportive documents or case law.
This research assignment will challenge you to move outside your comfort zone of only consulting
your Study Guide and textbook, but it will give you the opportunity to grow academically and to
capacitate you to be ready for the work environment.
NOTE: For this question you need to make use of sources on EBSCO Host. Should you not have
access or have trouble with accessing EBSCO Host, you must contact SBS and ask for the IT
department for assistance. The lecturer cannot assist with this administrative aspect.
You must provide the web link to the article and other sources you are referring to from EBSCO
Host. (Remember the SBS referencing method.) You will obtain a mark of 0% for an answer which
you simply copied and pasted as your own work. (Be mindful of the serious matter of plagiarism.)
Also refrain from/do not simply add an article as your answer. You may make use of other internet
sources (but under no circumstances from Wikipedia and you must also provide the web link),
but at least one MUST be from EBSCO Host.
Your answer may not exceed 2 typed pages. Any pages more than 2 pages will not be marked and
you may therefore lose marks. Remember that a good answer should (1) identify the subject
matter/issue/topic, (2) define the principle/rule/law, (3) set out elements/requirements of the
principles and/or defences, (4) refer to applicable case law or authoritative writers, (5) applicability
of the facts in question to the case and (6) provide a well-considered conclusion. The general
principle of an introduction, body and conclusion is also applicable.
INSTRUCTION: Identify a topic in the field of the Law of Contract that you would like to do research
on and critically discuss/debate the topic. (Use the Outcomes in your Study Guide as a guideline for
possible topics.)

ASSIGNMENT TOTAL: [100]

Page 3 of Assignment