QUESTION 1 [15 MARKS]
Mpho and his classmates have been tasked with conducting research on the winding up and liquidation of companies. Mpho is intrigued to hear that it is not only insolvent companies that can be wound up but also solvent companies.
Explain to Mpho instances when solvent companies may be wound up and instances when insolvent companies may be wound up.
QUESTION 2 [35 MARKS]
Refer to the case of Capitec Bank Holdings Ltd. v Coral Lagoon Investments 194 (Pty) Ltd [2021] 3 All SA 647 (SCA) and discuss the following:
• What the parol evidence rule is. (10)
• Interpretation of contracts and the various methods that may be employed. (10)
• Language of contracts and how it can affect the enforcement of a contract. (10)
• Admission or admissibility of extrinsic evidence. (5)
• Read this article for an overview of the case: Moosajee, A. (2021). New judgment highlights the importance of text, context and purpose in interpreting contracts. ENSight. https://www.ensafrica.com/news/detail/4507/new-judgment-highlights-importance-of-text-co (accessed 7 March 2025).
Refer to your study guide and prescribed textbook for further research where needed
QUESTION 3 [50 MARKS]
3.1 After obtaining your BBA degree, your friend Tuse approaches you to partner with her in opening a food delivery service. Tuse has already identified a fresh produce caterer that you can use as a supplier. The caterer agrees to supply all the healthy dishes for brand exposure and a small percentage will come to you.
Healthy dishes have become in demand and the caterer is a social media sensation. Consequently, the caterer decides to partner with a food truck franchise without informing you and Tuse. The situation escalates when the caterer does not cancel the agreement entered into with you and Tuse.
Discuss the breach of contract and all the remedies that may be explored due to the breach.
Determine the remedy that best suits your situation. (50)
Answers to Above Questions on Mpho Case Study
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