Case Study
PROGRAMME
Bachelor of Commerce in Marketing Management;
Bachelo r of Commerce in Internatio nal Busin ess;
Bachelor of Commerce in Entrepreneurship;
Bachelor of Commerce in Retail Management;
Bachelor of Commerce in Project Management;
Bachelor of Commerce in Financial Management;
Bachelo r of Commerce in Supply Chain Management;
Bachelo r of Commerce in Accountin g;
Bachelo r of Commerce in Dig ital Marketin g;
MODULE
Bachelo r of Commerce in Tourism and Hospitalit y Management
Business Law
YEAR
Two (2)
INTAKE
July 2024 Semester 1
MARKS
30
Instructions to students:
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Students are to refer to a minimum of 5 academic sources when undertaking the case
study.
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The module guide is not a primary source of reference and should not be the source of
answers to the below questions.
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Students are to provide an independent application of the law i.e – students must use
legal reasoning and show their own thought process in answers.
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Students are to refer to South African law.
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Referencing is critical.
The law of contract is fundamental in order to promote confidence and clarity in both business and
personal dealings. It gives parties a structure for creating legally enforceable agreements, guaranteeing
that rights, responsibilities, and remedies are clear. The law of contract encourages economic stability by
upholding contracts, which encourages investment and corporate expansion. In addition, it maintains
equity by ensuring that each party fulfils their commitments. The law of contract is essential to upholding
social order within the confines of the legal system, advancing justice, and facilitating transactions.
Ms Patel is the CEO of Heir Inc, operating three beauty salons in the greater Johannesburg area. Despite
the success of her business during peak seasons, Ms. Patel desires to expand her services by offering
themed beauty packages for special occasions at her salons. Lacking expertise in event coordination,
she seeks to contract a reputable event planning company. Ms. Smith is the CEO of Events For You, and
notices a social media advertisement posted on Heir Inc’s social media page. Intrigued, she approaches
Ms. Patel with a detailed business proposal outlining innovative ideas.
Impressed by the proposal, Ms. Patel seeks legal advice to ensure the contract between her and Events
For You is legally binding and enforceable.
Ms Patel has heard about the term ‘Consensus Ad Idem’ from her friend Tony who is a third-year law
student. She wants to know what this fancy Latin term means.
Question 1
(10 Marks)
Discuss what the term consensus ad idem means. You are required to provide an explanation of the legal
concept, discuss when it is used in contract law, and thereafter provide TWO (2) practical examples to
show your independent understanding.
Question 2
(10 Marks)
Jane notices Ms Patel’s advert for a store assistant. She wants to apply. Jane is 15 years old. Her
husband Jim passed away last year tragically.
Based on Jane’s circumstances, evaluate fully whether she can legally be employed by Ms Patel.
Question 3
(10 Marks)
Ms Patel purchases a sound system from Mr Tom for R2500. She is excited to create an energetic vibe
for her store. Mr Tom states that the radio is in great condition, and that it was recently purchased. When
Ms Patel takes it back to her shop, she notices that her USB will not read. She asks her brother Devin to
inspect the radio as he is a sound technician. He tells her that the radio is quite old, and that there is rust
forming around the mechanism.
3.1. Discuss TWO (2) remedies that can be used by a buyer against a seller. These remedies must be
specific to latent defects.
(8)
3.2. Which remedy would best suit Ms Patel should she want to keep the radio and get it repaired by her
brother Devin?
(2)