PVL3702 Assignment 1 Semester 2 2024 | Due 19 August 2024

Description

PVL3702 Assignment 1 Semester 2 2024 | Due 19 August 2024

Jack is a property developer who is well known for building residential developments. He
recently built cluster homes in an upmarket suburb in Cape Town. All the cluster homes
are built with the same size and layout, and they only differ with the positioning of each
cluster in the complex. This development is brand new, and Jack is marketing the
development himself. Jack shows Gloria a beautiful cluster home in the complex, which
is next to the guardhouse at the entrance of the complex. Gloria immediately falls in love
with this cluster home and a few days later she as the purchaser signs the offer to
purchase document presented to her by Jack, who completed all the relevant details on
the document relating to the description of the property. The document is later also signed
by Jack as the seller. However, it subsequently turns out that the cluster home referred
to in the signed document is not the one that Gloria viewed and fell in love with. The one
she signed for and the one she viewed are different properties. In fact, the cluster home
she signed for is right at the back of the complex which she never viewed, and which is
not in the best position in the complex. Jack is of the view that a legally binding contract
was concluded with Gloria, in accordance with the written signed document, for the cluster
home described in the document. Gloria approaches you for legal advice as she thought
that she was signing for the cluster home that was next to the guardhouse at the entrance
of the complex. Apply the will theory and the direct reliance theory and advise Gloria
whether she concluded a legally binding contract with Jack, based on the written
document that they both signed, for the cluster home described in the document. Discuss
fully and refer to case law in your answer. Do not apply the Consumer Protection Act 68
of 2008.