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Southworth replied, "Yes, I do want to buy that land, especially since it adjoins my property. "Although the two men did not discuss the price, Oliver told Southworth he would determine the value of the property and send that information to Southworth so that he would have “notice” of what Oliver“ wanted for the land.”On June 13, Southworth called Oliver to ask if he still planned to sell the land. Oliver answered, "Yes, and I should have the value of the land determined soon. " On June 17, Oliver sent a letter to Southworth listing a price quotation of $324,000. Southworth then responded to Oliver by letter on June 21 stating that he accepted Olivers offer. However, on June 24 Oliver wrote back to Southworth saying "There has never been a firm offer to sell, and there is no enforceable contract between us. " Oliver maintains that a price quotation alone is not an offer. Southworth claims a valid contract has been made. Who wins?
Identify the three essential of an offer and discuss briefly the requirements associated with each?
QUESTION 2 (5 MARKS)
Simon enters into a contract with William. In terms of the contract Simon is responsible to build a house for William. They agree that William will pay him the sum of N$ 200 000 for the work to be conducted. The contract is signed on the 1st of October 2021.
2.1 Identify the type of contract entered into by the parties. (1 mark)
2.2 Simon informed William that he could only start working once William has provided him with the necessary tools and equipment for the work. Advise William of his legal position in respect of Simon’s request.(2 marks)
2.3 If one of the workers working for Simon committed a delict while performing his job, who will be responsible for the damages caused to a third party?(2 marks)
Give a word or phrase for each of the following
1.5 A formal written authority, setting out the scope of the agent’s authority and signed by the principal.
1.6 If a person represents by words or conduct that another person is his agent, and a third person reasonably and bona fide acts on that representation to his prejudice, then the person who so represented will be liable to such contract on this ground.
1.7 The rule that states that the seller will be relieved of his/her duty to deliver if performance becomes impossible due to supervening circumstances, while the purchaser will still be liable for the purchase price if the contract is perfecta.
1.8 The essentialia of a contract of employment
1.9 An initial amount of money paid, after the credit agreement contract is concluded, to validate it
1.10 A contract where, the price is paid regardless of what materialises.
QUESTION 1
Give a word or phrase for each of the following:
1.1 Andy had worked for Sammy’s Service Station for the past 6 months and intends to resign. The minimum period of notice stipulated by Section 30 of the Labour Act 11 of 1992 in Andy’s situation.(1 mark)
1.2 The employer’s liability towards third parties for the delicts of the employee if such delict was committed in the course and scope of his/her duties and towards the promotion of the interests of the employer.(1 mark)
1.3 Termination of a contract of employment by an employer without notice.(1 mark)
1.4 In law one who is empowered to enter into a contract with third parties on behalf of a principal; the principal and third party being as bound by such transaction as if they entered into it themselves directly.(1 mark)
Is perception management applicable in current times when we are working from home virtually and not interacting personally with our coworkers and managers? Rationalize your opinion with steps and measures that help you manage the process
A prominent caterer is planning to open up a mid-sized multi cuisine restaurant. Considering his expertise and knowledge in the food and beverages services, he is confident of getting into a full-fledged restaurant operation. You are required to suggest the team on the following points:
a. Suggest a site location for the restaurant, assuming it to be Metro city (you can assume a city of your choice). Give your reasons for the same.
b. What strategy would the restaurant adopt for an Aggregate Operation Plan of resources given a time frame of a year?
