PVL3702 ASSIGNMENT 01 QUESTION: 2024 (SEMESTER 1)

UNIQUE NUMBER: 157217

Important Information Relating to the PVL3702 Assignments

You must note that the timeous submission of Assignment 01 will grant you admission
for the PVL3702 examination. You must further note that you will be required to submit
two (2) assignments for this module. One of the assignments will carry a 10% weighting
and the other assignment will carry a 90% weighting towards your year mark. It is only
after the due dates for the submission of both assignments have expired, will all students
be informed which assignment had a 10% weighting and which one carried a 90%
weighting towards your year mark.

Instructions and Assignment Question for Assignment 01

IT IS VERY IMPORTANT THAT YOU UNDERSTAND THAT YOU ONLY HAVE 1

ATTEMPT TO SUBMIT ASSIGNMENT 1. THE ONUS IS ON YOU TO SUBMIT THE
CORRECT ASSIGNMENT, AND TO SUBMIT AN ASSIGNMENT THAT IS COMPLETE
AS YOU ONLY HAVE 1 ATTEMPT TO SUBMIT PVL3702 ASSIGNMENT 1. Serious
adverse consequences can apply if a lawyer in practice serves the wrong document to
the opposing party in the case, or even if an incomplete/incorrect document or pleading
is served or filed in the court file. Therefore, ensure that you submit the CORRECT
PVL3702 Assignment 1 as you have 1 attempt to do so.

• The due date for the submission of Assignment 01 is NOT LATER THAN 17H00
on 25 March 2024.

• The Unique Number for Assignment 01 is 157217.

• This assignment must be submitted by all students who are registered for the
PVL3702 module in the first semester of 2024.

• Your answer must not exceed two typed pages or three written pages and you must
comply with the requirements for assignments. You must provide references as
authority and prepare a bibliography on a separate page. See Tutorial Letter 302 in
this regard.

• This assignment covers study units 1 to 10 in the study guide.

• Keep the checklist and criteria of the marking rubric in mind when doing this
assignment.
• This assignment question is worth 10 marks (see the marking rubric below).
Checklist

Assessment criteria Yes No

Did you read the cases you were instructed to read and identify
the relevant sections in your prescribed textbook?
Did you identify the legal problem involved?
Did you identify and use the most appropriate legal sources and
authorities to solve the problem?
Did you analyse these sources and critically evaluate them in
terms of the identified problem?
Did you appropriately use the authorities to substantiate your
arguments and to support your solution to the identified problem?
Did you use language consistent with the conventions in the
discipline of law?
Did you understand the terms, rules, concepts, principles and
theories related to the question?
Was the advice you gave on an appropriate course of action in
your answer responsible? In other words, did your setting out of
the law and application thereof to the facts support the advice you
gave?
Did you act responsibly and ethically as a researcher and scholar,
e.g. refer appropriately, acknowledge sources and avoid
plagiarism?
Did you keep to the length restriction?

Marking rubric

Evaluation criteria Not yet Partially Achieved

Achieved achieved
1. Identifying the problem. 0 0.5 1
2. Discussing the relevant law applicable to the 0 0.5-3.5 4
problem referring to authorities,
acknowledging sources and avoiding
plagiarism.
3. Applying the law to the facts of the problem. 0 0.5-2 2.5
4. Giving appropriate advice. 0 0.5 1
5. Answer presented in an acceptable format:
a. Language used is consistent with the
conventions in the discipline of law. 0 0 0.5
b. Correct reference techniques used. 0 0 0.5
c. Complied with the length restriction for
the assignment. 0 0 0.5
• It is very important that you type a carefully formulated, grammatically correct
answer. You must, as far as possible, use your own words when you answer the
assignment. If you merely copy sections of the study guide or textbook, this will
constitute plagiarism.

• THIS ASSIGNMENT MUST BE SUBMITTED ON myUnisa IN PDF FORMAT (and

must NOT be in “read-only” format and it must not be password protected). IF
YOUR ASSIGNMENT IS SUBMITTED (ON myUnisa) IN ANY OTHER FORMAT, IT
WILL NOT BE ACCEPTED.

• For the first assignment, you are required to read two cases (which are referred
to in the next paragraph). Together with the reading of these cases, you must
identify and study all the relevant pages in the prescribed textbook to fully
answer the assignment question. There could be relevant content in the textbook
that is not prescribed for study purposes but may still be relevant for this assignment
question. Note that finding and reading the cases is part of showing that you are able
to conduct basic research, before you proceed to answer the question. When you read
a case as part of your researching exercise, you must identify whether a case is
relevant to the facts in the problem-type question, and if so, to what extent. As part of
this exercise, you must also consider if a case is not relevant, and if the facts therein
are distinguishable to the facts in the question that you are dealing with.

• The two cases that you must read for the first assignment are Maresky v Morkel
1994 (1) SA 249 (C), and Pillay v Shaik 2009 (4) SA 74 (SCA). You can find these
judgments in conventional law libraries, online at the website of the Southern African
Legal Information Institute (SAFLII) (www.saflii.org), or as an e-resource on the Unisa
Library site. On the Unisa Library site click on “Find e-resources”. Then click on
“Subjects” and after that, scroll down the page and click on “Law”. Scroll down to and
click on “Jutastat e-Publications (Juta Law Online)” or “LexisNexis (South African
Law)”, to find the South African cases that you are looking for. Use any method that
works for you to find these cases.

• Importantly, once you find and read the two cases mentioned in the previous
paragraph, use these two cases to also identify the relevant section(s) in the
prescribed textbook to fully answer the assignment question. Study the relevant
section(s) of the textbook. Use these two cases that you read, and the relevant
sections of the prescribed textbook to fully answer the assignment question set
out below.
ASSIGNMENT 01 QUESTION:

Jack is a property developer who is well known for building residential developments. He
recently built cluster homes in an upmarket suburb in Cape Town. All the cluster homes
are built with the same size and layout, and they only differ with the positioning of each
cluster in the complex. This development is brand new, and Jack appoints Sandy as his
estate agent to market the sale of the cluster homes. Sandy shows Gloria a beautiful
cluster home in the complex, which is next to the guardhouse at the entrance of the
complex. Gloria immediately falls in love with this cluster home and a few days later she
signs the offer to purchase document presented to her by Sandy, who completed all the
relevant details on the document relating to the description of the property. The document
is later also signed by Jack as the seller. However, it subsequently turns out that the
cluster home referred to in the signed document is not the one that Gloria viewed and fell
in love with. The one she signed for and the one she viewed are different properties. In
fact, the cluster home she signed for is right at the back of the complex, which is not in
the best position in the complex. Jack is of the view that a legally binding contract was
concluded with Gloria, in accordance with the written signed document, for the cluster
home described in this document. Gloria approaches you for legal advice as she thought
that she was signing for the cluster home that was next to the guardhouse at the entrance
of the complex. Apply the will theory and the iustus error doctrine and advise Gloria
whether she concluded a legally binding contract with Jack, based on the written
document that they both signed, for the cluster home described in this document. Discuss
fully and refer to case law in your answer. Do not apply the Consumer Protection Act 68
of 2008. [10]

Regards,

MS LB MTSWENI Email: mtswelb@unisa.ac.za

MS T MONYELA emonyet@unisa.ac.za
ADV R ISMAIL ismair@unisa.ac.za

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