ST10114483
daniel J
ICE TASKS
Hi everyone please refer to past test paper uploaded to complete ice tasks.
Due date for All ice tasks 15th May 2022.
Ice Task 1
Complete questions 1.1 to 1.2
1.1.1
Initial impossibly, as Andria cannot sell what she does not own, in particular a
galactic entity such as the moon.
1.1.2
Supervening impossibility. It is rendered objectively impossible after the conclusion
of the contract as it was not the fault of a party that obligations could not be met,
being retrenched, and not dismissed. Had he been dismissed; it would be impossible
at his fault.
1.1.3
Initial Impossibly. As there was no legal basis for the contract to stand with the
owner of the property having no interest in the agreement to sell.
1.1.4
Supervening Impossibility, a natural disaster is neither parties’ fault but still renders
the agreement impossible.
1.2
In order for a contract to be valid, the parties must have the required contractual
capacity. When a party is married in community of property, they have obligations to
their spouse in dealings concerning their shared estate. Such as selling immovable
property. However, Pauline is carrying out business dealing outside of her personal
or communal estate. Thus has no relation to her spouse and consent to her dealings.
Ice task 2
Complete questions 1.3
A requirement of a valid contract is legality. Which is determined by public policy and
bone mores. Which a corrections officer carrying out drug deals would be in
contradiction of. Thus, being contra bonos mores or against good morals. The
contract is rendered void owing to the common law in addition to the anti-drug trade
statute. Mike cannot claim damages or institute action for a breach in a void contract.
Therefore, cannot sue.
Ice task 3
Complete questions 2.1 to 2.2
2.1
Yes, she provided her unqualified, own, conscious acceptance in the manner agreed
to by the offeror.
2.1.2
expedition theory
2.1.3
Gauteng, where it was posted
2.1.4
bilateral agreement
2.1.5
information theory
2.2
If the mistake is found to be material, and reasonable to have made. The contracts
obligations are not enforced. As thandi was reasonably expected to be aware of the
actual agreed price, thus aware of the discrepancy. This mistake is unilateral mistake
on behalf of thandi, knowingly trying to pay less than agreed, based on a mistake.
Ice task 4
Complete question 2.3
2.3.1
Material , Common mistake
2.3.2
Material, Mutual Mistake
2.3.3
immaterial, unilateral mistake
2.3.4
unilateral, material mistake
2.3.5
Mutual, immaterial mistake
Ice Task 5
Complete question 3.1 to 3.2
3.1
Fraudulent misrepresentation
3.2
Fraudulent misrepresentation is when one enters a contract knowing it has false
premises. Which is a subjective test
Negligent Misrepresentation occurs when a false premise exists but as a result of
one’s carelessness rather than ones dishonestly.
Innocent Misrepresentation, is what the courts regard misrepresentation resulting
from nonfraudulent or none - negligent means. Or is misrepresentation without fault.
Ice Task 6
Complete questions 3.4 to 3.5
3.4
the misrepresentation was by the other party, it was the reason for the agreement,
based on a material characteristic. And the other party had the intention to do so.
3.5
Mike acted in a way which caused harm, by fraudulently mispresenting the car. This
wrongful act caused resulting damage at his fault. Thus, Vusi has a claim for
damages in delict as he was the receiver of the damages.