PROBLEMS WITH THE FORMATION OF A CONTRACT
TUTORIAL 2
Zanele, who just turned 18 years old, landed her first job as an intern at Deloitte & Touche. Since her high school days she always wanted a leather jacket, and she promised herself that she would buy one with her first salary payment. In the week before pay day, she started scouting for jackets. She went into a shop called Hides-R-Us where they sell leather goods such as handbags, shoes and jackets. The store advertised in the window that they specialise in leather goods. Zanele relished in the smell of leather in the shop. During her lunch break on pay day, she went back to Hides-R-Us, excitedly telling the sales lady, Maude, that she wanted to buy her first leather jacket. Maude smiled and said: “Go and have a look on that rail – our best leather jackets are hanging there.” Zanele chose a beautiful brown jacket which was surprisingly not as expensive as she thought it would be and handed it to Maude together with her credit card, saying: “I will never forget this day! I have realised my dream of owning a real genuine leather jacket.” Maude accepted payment and handed Zanele the jacket in a shopping bag. That evening Zanele, dressed in her new leather jacket, went out clubbing with friends. She gushed about her leather jacket, but disappointment soon took over when one of her friends noticed that the jacket was actually made from synthetic leather. Zanele is livid especially as she noticed a sign in the shop indicating “No returns”.
2.1 Advise Zanele fully on her legal position in canceling the contract of sale with Hides-R-Us. Refer to relevant sources of law. (10 marks)
2.2 For purposes of this question, assume that Zanele was able to cancel the contract. Briefly outline what steps must be taken by Zanele and Hides-R-Us as a consequence of being able to cancel the contract. (2 marks)
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During her lunch break on pay day, she went back to Hides-R-Us, excitedly telling the sales lady, Maude, that she wanted to buy her first leather jacket. Maude smiled and said: “Go and have a look on that rail – our best leather jackets are hanging there.” Zanele chose a beautiful brown jacket which was surprisingly not as expensive as she thought it would be and handed it to Maude together with her credit card, saying: “I will never forget this day! I have realised my dream of owning a real genuine leather jacket.” Maude accepted payment and handed Zanele the jacket in a shopping bag.
Durante su hora de almuerzo el día de pago, volvió a Hides-R-Us y le dijo emocionada a la vendedora, Maude, que quería comprar su primera chaqueta de cuero. Maude sonrió y dijo: “Ve y echa un vistazo a esa barandilla, nuestras mejores chaquetas de cuero están colgadas allí”. Zanele eligió una hermosa chaqueta marrón que sorprendentemente no era tan cara como pensaba que sería y se la entregó a Maude junto con su tarjeta de crédito, diciendo: “¡Nunca olvidaré este día! He realizado mi sueño de tener una verdadera chaqueta de cuero genuino”. Maude aceptó el pago y le entregó a Zanele la chaqueta en una bolsa de compras.
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