251 tutorial

•Victor and Yvette arrange to go to the theatre
together. In vain Victor waits for Yvette who, in
the meantime, has decided to go ice-skating
with Sonya and Liesel. Victor is upset and
wishes to know whether he may take legal
action against Yvette. What do you think?

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•In the following situations, could we speak of a valid offer?
•(1)Vusiis considering selling his motor cycle as soon as he
takes delivery of his new car.
•(2)RatanamaButchery has the following notice on the
shop window: `Half a lamb at P18.99 a kilogram.’
•(3)An advertisement in the newspaper reads as follows:
`Beach cottage at Hartenbosfor exchange. Call Steve at
033-43 5656.’
•(4)Rupert puts his house on the market because he
wishes to move to an old-age home. Daphne views the
house and sends Rupert a letter in which she informs him
that she will purchase it for P250 000. Rupert passes away
before he receives the letter.

•You have a daughter named Charity who recently
celebrated her 21st birthday. A couple years ago, you
promised to pay her P1,000 when she turned 18.
However, she has been very rebellious in recent
months and you no longer think she deserves the
money. In fact, you think she might even use the cash
to party with her rowdy friends and get into trouble.
Her grades were terrible last semester and you think
she could even be doing drugs. When you told Charity
that you had decided not to give her the P1,000 for her
birthday as you had promised, she was very upset. To
your disbelief, she claimed you had entered an oral
contract and threatened to sue you for the money!

•You are a student at the University of Botswana After a very
stressful semester, you decided to do something adventurous and
spend spring break skiing at Whistler with a group of friends. You
had never been skiing before, so you contacted the ski school in the
area to set up a couple lessons. When you explained that it would
be your first time on skis, the instructor said that you would need at
least four lessons before you could hit the slopes at Whistler, for
your own safety of course. Four lessons sounded a little excessive to
you, but you didn’t want to go back to school in a cast! Upon arrival,
you reluctantly signed a contract for four lessons priced at P300
each (or P1200), to be paid in monthly installmentsof P100 for the
next twelve months. After the first two lessons, you realized you
had been scammed. You learned the basics in one session and the
instructor spent the rest of the time admiring his/her reflection in
your ski goggles.

•You are the resident of the small town of Lobatse. Recently, there has
been a string of bold robberies in which thieves have made off with
hundreds of lawn ornaments from yards in the neighborhood, including
many prized plastic geese. Subsequently, you got a call from the president
of “Citizens Against the World”, a grass roots neighborhoodwatch
program in the area that is made up of a bunch of nuts! They patrol their
neighborhoodlike some sort of paramilitary group. The president of CAW
demanded that you join a manhunt for the thief. You brushed it off and am
later discovered a flyer stating that CAW was offering a P1000 reward for
the capture of the lawn ornament thief. A few days later, you were sitting
in the local doughnut shop and happened to spy the thief in a yard across
the street, just as he was making off with two plastic flamingos. You
stuffed your half-eaten jelly doughnut into your shirt pocket, ran across
the street, and single-handedly captured the thief. When you called CAW
to claim the reward, they refused! They said you didn’t deserve the money
because it’s your job to catch criminals, and boy are you mad.

•X and Y are involved in protracted
negotiations to conclude an intricate software
contract. X spends P8 000 to do the required
calculations. The parties are very close to
agreement when Y suddenly breaks off the
negotiations. Can X successfully institute
action against Y? Discuss.

•Fred offers to purchase Peter’s television set
at a purchase price of R500. Peter agrees to
the sale but tells Fred that he wants R600 for
the set, whereupon Fred indicates to Peter
that he is no longer interested. A week later
Peter telephones Fred and tells him that he
has accepted the offer of R500. In the
meantime, however, Fred has purchased
another television set. Did Fred and Peter
conclude a valid contract?

•X wishes to purchase Y’s Ford Mustang and
makes Y a verbal offer on 1 January. Y decides to
accept X’s offer and sends a telegram informing X
of this on 2 January but X does not read the
telegram because his dog ate it.
•On 3 January Y telephones X and informs him of
the acceptance. On the same day he sends a
letter confirming the acceptance to X which X
receives on 6 January and reads on 7 January. On
what date was the contract concluded?