Case Study

PROGRAMME Bachelor of Commerce in Marketing Management;

Bachelor of Commerce in International Business;

Bachelor of Commerce in Entrepreneurship;

Bachelor of Commerce in Retail Management;

Bachelor of Commerce in Project Management;

Bachelor of Commerce in Financial Management;
Bachelor of Commerce in Supply Chain Management;
Bachelor of Commerce in Accounting;
Bachelor of Commerce in Digital Marketing;
Bachelor of Commerce in Tourism and Hospitality Management

MODULE Business Law

YEAR Two (2)
INTAKE January 2024 Semester 1
MARKS 30

Instructions to students:
- Students are to refer to a minimum of 5 academic sources when undertaking the case study.
- The module guide is not a primary source of reference and should not be the source of answers to
the below questions.
- Students are to provide an independent application of the law i.e – students must use legal
reasoning and show their own thought process in answers.
- Students are to refer to South African law only.
- Marks will be awarded for originality.
- You must use an essay format for question two (2). Ensure that you include headings to address
each point.
- You answers must be succinct.
- Referencing is critical.
Mr Nzimande owns a store that supplies purified water. His business has been rather successful of
lately due to the water shortages in Durban. Mr Nzimande has a brilliant idea to create customised
bottles for events. He notices that his neighbour Mr Naidoo runs a graphic design and printing
company. He approaches him with the business idea. Mr Naidoo is keen and proposes brilliant graphic
designs for the water bottles.
Mr Nzimande wants to ensure that there is a contract in place between both parties with clear terms
that reflect both of their interests.

Question 1 (15 Marks)

Mr Nzimande is 18 years of age, he understands that one of the essentialia of a contract includes that
parties must have the capacity to contract in law. He further understands offer and acceptance, so
there is no need to elaborate on that aspect of contract law in this question.

You are required to outline seven (7) further essentialia that is necessary to be satisfied in order for a
contract to come into existence. In your answer you must outline the requisite essentialia, and
thereafter demonstrate an independent application of the essentialia by providing examples for each
element respectively. The examples MUST relate to the above-mentioned scenario.

Question 2 (15 Marks)

Mr Nzimande wants to ensure that he is well aware of legislation in South Africa. He has also recently
expanded his business with 4 other stores in Durban. Mr Nzimande wants to provide training and
awareness for his staff. He approaches you to speak about the Consumer Protection Act to his
employees.
You are required to research the Consumer Protection Act. You must ensure that the following points
are elaborated on:
- The purpose of the Consumer Protection Act
- Where does the Act apply. Outline any exceptions
- What protection does the Act offer to consumers. You can refer to sections within the legislation
- What a customer can do should a supplier not adhere to the act
- You MUST provide practical examples for each point above
- You MUST include credible sources of information. Kindly ensure that you reference them
accordingly.

Your answer should be approximately between 1500 to 1800 words