Question 1 (20 marks)
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 exceptions to this general rule.
Question 2 (20 marks)
You are invited by the Law Society to give training to Candidate Attorneys on the topic of the “Parol evidence rule”. Your answer should refer to relevant case law and possible ways in circumventing the limitations of the Rule.
Question 3 (20 marks)
You are the Chairperson of the Student Council of STADIO Multiversity. You order 50 T- shirts from T-shirt-Guy (Pty) Ltd on 3 January for the STADIO Open Day. According to the contract, the T-shirts must be maroon golf T-shirts, have the logo of STADIO on the front of the T-shirt and the wording “STADIO Rocks” in neon yellow print at the back. The sizes of the T-shirts must be 20 small, 20 medium and 10 large. The contract furthermore provides that the T-shirts must be delivered at the STADIO Campus on 20 January and that you will pay the supplier an amount of R5 000-00 in cash on the date of delivery.
Draft the contract between you and T-shirt Guy (Pty) Ltd using your own initiative, where necessary, to augment the facts given to enable you to compile the contract.
Your contract must inter alia include the following clauses: penalty, remedies for breach of contract, non-variation and an entire agreement clause.
Make sure you use plain language and that the contract does not exceed 3 pages. (For this question, the general page limit of 2 pages is not applicable, but the limit is set at 3 pages. However, the same penalties of exceeding the 3 page limit, will be applicable, in that the excess pages will not be marked and you will therefore lose marks)
Question 4 (15 marks)
Mini Research Assignment
A law student needs 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. It will allow you to grow academically and capacitate you to be ready for the work environment.
NOTE: For this question you need to make use of sources on the internet, such as EBSCO Host, SABINET, HeinOnline, etc. Sufficient sources are available under the Library function on your CANVAS page.
You must provide the web link to the article and other sources you are referring to. (Remember the STADIO LAW referencing method.) You will obtain a mark of 0% for an answer which you simply copied and pasted as your own work, or do not provide an internet source reference where the reference and the content thereof could be verified. (Be mindful of the serious matter of plagiarism.) Also refrain/do not simply add an article as your answer. You may under no circumstance make use of Wikipedia/Studocu/Investopedia or other similar non academic resources.
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) ensure the applicability of the facts in question to the case and (6) provide a well-considered conclusion. The general principle of an introduction, body and a 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 to identify possible topics.)
Answers to Above Questions on Law of Contract
Answer 1: The fact that no formalities are required for the formation of a valid contract provided all other requirements for validity are met is correct, but this rule is sometimes subject to certain exceptions. It is possible to enter into a contract in an informal way, but there are certain situations that require specific formalities to be fulfilled. The exceptions to this rule include statute of frauds, which states that there are certain jurisdictions that require contracts to be in writing in order to be enforceable.
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