Question

Henry and Jacob have been friends for many years and decide to go into business together. Henry is 25 years old and Jacob has just turned 17 years old two weeks ago. The have now saved up enough money to purchase a Macbook from Simon, their mutual friend, to start a graphic design business. Henry and Jacob approach you to advice on the following:

1.3 Assume the parties go to see Simon and agree that:

a) They will purchase the Macbook, 2017 specs, for R8000

b) They will take immediate delivery of the Macbook.

When Henry and Jacob get home, they find that the Macbook is in fact a 2011 model.

1.3.2 Advise the parties of the consequences of void and voidable contracts.

Answer 1

a void contract is is contract that cannot be enforced by either of the party. the as treats as if they were never formed and they are not to executed by either of the party. Void contracts are include contracts that are under illegal subject matter such as committing a crime. they also include contracts that requires to perform something impossible.

whereas a voidable contract is a contract that is bounded by only one party, the other party is legally free not to execute these contract. the unbound party can cancel the contract. contracts are voidable if, one or  both parties fail to disclose important facts or if there is fraud or mistake by either of the party or if there is breach of contract.

So in case of Henry and Jacob its a voidable contract as there is breach of contract as one of the terms of contact was not performed by one of party as , It was agreed to buy Macbook of 2017 version and they received 2011 model. So it becomes a voidable contract. Now henry and jocob can either reject the contract if they want and get their money back. Or they can also neglect this fact and keep the laptop with them. it totally depends on them and no simon to either cancel the contract or to keep it. and if they decide to nullify the contract , Simon is legally bound to agree to them.