Question

a) Apart from concluding a contract in writing, which other methods are used to conclude a
contract?


b) Set out the two Parties involved in a contract of employment.

c) What functions would a notary public effect in a contract of sale? (1 Mark)

d)Setting out examples, identify the differences between duress and undue influence.
e)Set out two instances which would qualify to be misrepresentation in a contract.

f) Temba is cohabitating with his girlfriend Liza, on the 12th of April 2020,
Temba discovers a text message from Liza’s cellphone which suggests
that Liza is involved in infidelity. In a rage of anger, Temba grabs an
electrical extension cord, strangles and kills his girlfriend. Subsequently,
Temba is arrested. You have been assigned to represent him. Discuss
which court would hear this matter, the crime committed as well as
relevant sentence for Temba’s crime.

Answer 1

a) Discharge of a contract refers to the way in which it comes to an end. Contracts can come to an end in the following ways:

• by performance
• by agreement
• by frustration
• by breach

b) The contract is between an "employee" and an "employer".

c) The role of notary in making the deed of land purchase agreement to support the national development rests with the legal relationship to bind the parties' engagement in the form of the PPJB (Sale and Purchase Binding Agreement) deed which can be used as the perfect evidence when one of the parties pledges through the lawsuit in the court. As well as obstacles in making the Deed PPJB include land status, such the status of customary land, State land and land letter C so as to violate the object of agreement as regulated in Article 1320 Civil Code. Furthermore, the unauthorized acts are as referred to in Article 85 of the Notary Position Law

d)

Duress	Undue Influence
A person is coerced or forced into committing an act as a result of being threatened with violence	A person uses a position of power to induce another to agree to a contract
Consent is negated	Consent, although influenced, is present

Examples of duress include: Threat to physically harm the other party, his family, or his property. Threat to humiliate, disgrace, or cause a scandal about, the other party, or his family

example of undue influence: family member is left out of a will, especially if they would have expected to be included. If the creator did not include his children in the will, that can be suspicious

e)

For the purposes of this Act, a qualifying misrepresentation (see section 4(2)) is either—

(a)deliberate or reckless, or

(b)careless.

(2)A qualifying misrepresentation is deliberate or reckless if the consumer—

(a)knew that it was untrue or misleading, or did not care whether or not it was untrue or misleading, and

(b)knew that the matter to which the misrepresentation related was relevant to the insurer, or did not care whether or not it was relevant to the insurer.

(3)A qualifying misrepresentation is careless if it is not deliberate or reckless.

(4)It is for the insurer to show that a qualifying misrepresentation was deliberate or reckless.

(5)But it is to be presumed, unless the contrary is shown—

(a)that the consumer had the knowledge of a reasonable consumer, and

(b)that the consumer knew that a matter about which the insurer asked a clear and specific question was relevant to the insurer.

f) High court