Page 1 of 17 Faculty of Commerce, Management and Law School of Law ONLINE MODE ASSESSMENT LETTER Bachelor of Laws Honours (LLB) Academic Year 2022 Year Law of Contract CCT 3630 FACULTY OF COMMERCE, MANAGEMENT AND LAW Page 2 of 17 ASSIGNMENT ADMINISTRATION Faculty/ School Assignment Module Offering Due Date School of Law Programmes Assessment 1 Semester 1 & Double/Year Modules 21 April 2022 Grace period (3 days ONLY): 22-24 April 2022 Make-up Assessment (Semester 1 Modules only): 09 May 2022 School of Law Programmes Assessment 2 Semester 1 12 May 2022 Grace period (3 days ONLY): 13-15 May 2022 Make-up / Compensatory Assessment (Semester 1 Modules only): 22 May 2022 School of Law Programmes Assessment 2 Double /Year Modules only 26 June 2022 Grace period (3 days ONLY): 27-29 June 2022 Make-up / Compensatory Assessment (Year Modules only): 02 August 2022 School of Law Programmes Assessment 1 Semester 2 12 July 2022 Grace period (3 days ONLY): 13-15 July 2022 Make-up Assessment (Semester 2 Modules only): 13 September 2022 School of Law Programmes Assessment 2 Semester 2 16 August 2022 Grace period (3 days ONLY): 17 – 19 August 2022 Make-up Assessment (Semester 2 Modules only): 13 September 2022 School of Law Programmes Assessment 3 Double/Year Modules only 27 September 2021 Grace period (3 days ONLY): 28-30 September 2022 Make-up Assessment (Year Modules only): 11 October 2022 Page 3 of 17 2022 Online Mode Assignments Law of Contract- CCT 3630 Dear Student, Welcome to the University of Namibia and to the Centre for Open, Distance and e-Learning (CODeL) in particular

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Page 1 of 17 Faculty of Commerce, Management and Law School of Law ONLINE MODE ASSESSMENT LETTER Bachelor of Laws Honours (LLB) Academic Year 2022 Year Law of Contract CCT 3630 FACULTY OF COMMERCE, MANAGEMENT AND LAW Page 2 of 17 ASSIGNMENT ADMINISTRATION Faculty/ School Assignment Module Offering Due Date School of Law Programmes Assessment 1 Semester 1 & Double/Year Modules 21 April 2022 Grace period (3 days ONLY): 22-24 April 2022 Make-up Assessment (Semester 1 Modules only): 09 May 2022 School of Law Programmes Assessment 2 Semester 1 12 May 2022 Grace period (3 days ONLY): 13-15 May 2022 Make-up / Compensatory Assessment (Semester 1 Modules only): 22 May 2022 School of Law Programmes Assessment 2 Double /Year Modules only 26 June 2022 Grace period (3 days ONLY): 27-29 June 2022 Make-up / Compensatory Assessment (Year Modules only): 02 August 2022 School of Law Programmes Assessment 1 Semester 2 12 July 2022 Grace period (3 days ONLY): 13-15 July 2022 Make-up Assessment (Semester 2 Modules only): 13 September 2022 School of Law Programmes Assessment 2 Semester 2 16 August 2022 Grace period (3 days ONLY): 17 – 19 August 2022 Make-up Assessment (Semester 2 Modules only): 13 September 2022 School of Law Programmes Assessment 3 Double/Year Modules only 27 September 2021 Grace period (3 days ONLY): 28-30 September 2022 Make-up Assessment (Year Modules only): 11 October 2022 Page 3 of 17 2022 Online Mode Assignments Law of Contract- CCT 3630 Dear Student, Welcome to the University of Namibia and to the Centre for Open, Distance and e-Learning (CODeL) in particular. We are confident that your studies and hard work will be rewarded with success. We kindly advise that you obtain all the relevant information and booklets available for distance students from your nearest UNAM Centre (including the 2021 CODeL Student Information Letter, Online Assignment Submission Guide and other documents). These documents will provide guidance on how to approach your studies and will guide you through your study materials as well as providing useful administrative information in submitting assignments. 1. Study materials Your study guide is essentially your “teacher/lecturer”. However, in addition, you are required to visit the library to consult prescribed books and recommended readings that are indicated in the study guide as well as browse the Internet in general. You are also responsible to purchase any prescribed textbooks required for your respective courses/modules. Furthermore, you are strongly advised to follow the guidelines in the Online Assignment Submission Guide available on Moodle. 2. Collaborative Learning CODeL avails all your modules through Moodle, enabling you to interact with your fellow students online through forum discussions and chats. You can use the same platform to engage with your lecturers and tutors regarding academic support. Please take advantage of Moodle to avoid isolation and strengthen your interaction with colleagues, ask for help, and share/receive resources to aid your learning process. See below how to access forum discussions on Moodle: Figure 1: Forums in courses 3. Submission of assignments It is very important to complete and submit a clean, clear and well-argued assignment for marking. Make sure that you have understood the questions in order to answer them correctly. It is your responsibility to make sure that every page of the completed assignment is correctly numbered before submitting your assignment. As from 2017, ALL assignments are submitted through the Moodle Learning Management System. This is an online platform where you will access all Page 4 of 17 your modules and related information such as course outlines, course notes and other learning materials that your lecturer/tutor may choose to share with you. Moodle is accessible here: http://elearning.unam.edu.na. You should complete and submit all assignments on or before the given due date in the assignment letter if you wish to obtain your CA marks and qualify for examinations. CODeL always updates its assignment covers on an annual and semester basis. Please ensure that you have used the latest assignment cover. The latest assignment cover is availed on each course on Moodle. A user guide is available on how to submit your assignment in each module on the Distance Education Common Space and you can access it on the Online Support system. Pay close attention to the following key points listed at the beginning of the guide on: 3.1 How you would know when you have successfully submitted your assignment: that is when the submission status shows “Submitted for grading” Figure 2: Assignment submission status MAKE SURE THE SYSTEM GIVES YOU A CONFIRMATION OF SUBMISSION by the submission status shown as "Submitted for grading" when done. If that status is NOT displayed when done, IT DOES NOT COUNT AS A SUBMISSION. 3.2 Errors to avoid when submitting your assignment (committing these errors may result in you failing to submit your assignments and therefore potentially failing your course) a. You are submitting on the correct Module/Course b. You have selected and uploaded the correct Assignment document from your computer c. You are submitting the correct Assignment number for the respective activity (i.e. Assignment 1, 2, etc.) Page 5 of 17 3.3 How to check the assessment feedback when your assignment has been graded. 4. Due Dates All assignment due dates for 2022 are published on second and third pages of this assignment letter. With the shift from manual to online assignment submission since 2017, due dates are automated and non-negotiable. This means that you would be required to submit your assignments ON or BEFORE the due date set on your assignment (before 11h55 PM). After the date has passed (i.e. 12h00AM of the next day) the assignment submission will be disabled, and you would no longer be able to submit your assignment. Please note that assignment submissions will be open long before the due dates. Please note that your assignment due dates are on page 2 of this Tutorial Letter. Use this assignment due dates to set up your calendar tool on your mobile phone or computer to set reminders for yourself and manage your time. Another way to keep pace with due dates, is by regularly visiting your Timeline of each of your courses on Moodle on the Course Overview. Also download the Moodle mobile app to access Moodle on your mobile phone or tablet and have access to notifications about due dates at your fingertips from Google Play Store for Android or Apple App Store for IOS. 5. Submission of Assignments Due to challenges with Internet connectivity and speed, large files may take too long to upload, which is a big risk if you wait until the last minute to submit your assignments. You are therefore strongly advised NOT to wait until the final hours of the due dates to submit your assignments to avoid disappointments. You are also advised to ensure that you are in an area with good Internet connectivity when submitting your assignments. Timely submission of all assignments on or before the given due date is crucial for the timely grading and processing of your CA marks and determining admission to exams. Take note that assignments should never be submitted directly by email or hard copy to individual tutors or any other staff members of the University of Namibia. 6. Academic Support One every Moodle course there is an embedded Academic Support section with materials to assist you with your writing process (see Figure 3 below). Go through the videos in order to enhance your writing process and submit better quality assignments. Figure 3: Academic Support tutorials Page 6 of 17 7. Grace Period A grace period refers to three (3) additional days added after your assignment due date. The purpose of this grace period is to provide each student with time to verify and or to make amendments to assignments already submitted. These changes may include correcting errors like submitting a file to a wrong module or on a wrong assignment; submitting a wrong file; losing internet connectivity, etc. An example would be that a student attempting to submit an assignment and they lose internet connection would still be able to try again the day after at a different place or when the connection has been restored. 8. Plagiarism Control It has been observed that some students copy information from the Internet and paste into their assignments without acknowledging the sources of the information. This is called plagiarism. A copy of the Policy on Academic Integrity has been provided to you on every course on Moodle. Please note that plagiarism which includes copying and pasting information from the Internet would not be tolerated, shall result in your assignments declared null and void and graded as a “0”. All assignments submitted through Moodle would be checked for plagiarism using a plagiarism detection software. You are therefore strongly urged to acknowledge EVERY source that you use for your assignment by using the appropriate citations and references following the referencing style prescribed by your lecturers (APA Referencing guides are available freely online). Find one here: http://www.uofa.edu/docs/apa-documentation.pdf Any assignment found with high similarity scores or with evidence of clear attempts to cheat such as submitting an assignment that is not your own would result in a zero (0) grade. 9. Vacation schools Attending vacation school is COMPULSORY for the distance students and the vacation school timetable will be made available at your nearest UNAM centre and through the UNAM portal. 10. My UNAM Portal and Moodle We recommend that you regularly (at least twice a week) access your “My UNAM Portal” (http://my.unam.edu.na) for your registration status and information, and Moodle (https://elearning.unam.edu.na ) for your learning and assessment information. Also visit the Distance Education Common Space on Moodle where you can find all necessary information and user manuals related to your distance mode studies and also engage with other students studying on distance mode. See additional information under Section 11 below. 11. Online Support (Ticketing) System An online support system is provided where you can report some of the issues that you may experience regarding your studies. This system is easily accessible from the Moodle LMS system. Figure 4: Online ticketing system Page 7 of 17 You can also make use of the Online Support (Ticketing System) for queries to be responded to by the responsible person within 48 hours. We recommend you use this system for Help Topics or issues listed on the system rather than email or telephone calls. 12. Online information, Tutorials and Distance Education Common Space Information and Tutorials are provided in each course on the Moodle Learning Management System which you should first familiarise yourself once you first access your courses. Indicated in Figure 4 above, the Distance Student Orientation provides video tutorials on various activities you would perform such as submitting your assignments, converting your documents into pdf format, changing your email address, how to check your results when assignments have been graded and so on. Updates and information with regard to your studies and related events would be shared in the Distance Education Common Space which you can access from any course as shown in screenshot below. All students studying on distance mode are linked this the space where you can collaborate or discuss general issues. You will also find the Student Information Letter, your Vacation School Timetable and User Guides in the Distance Education Common Space. Figure 5: Info-Tutorials on Moodle Figure 6: Distance Education Common Space Page 8 of 17 13. Staff Contact Information If you study conscientiously, your efforts will be rewarded. Should you need any assistance or clarification on the module contents, you can reach the relevant staff members at the contact details as given below: Tutor: Insert Tutor’s name and surname Insert Tutor’s contact details Insert Tutor’s email address Lecturer and Online Facilitator (assignment and CA marks queries): Mr. Marvin Awarab 061- 206 3629 mawarab@unam.na Examination Officer (Exam marks queries): Ms. Teresia Nuuyoma 061 – 206 3232 tnuuyoma@unam.na NOTE: For additional information consult the School Prospectus and UNAM General Information and Regulations Prospectus. Page 9 of 17 Assessment 1: Question 1 Read through the below contract and identify and explain terms or conditions contained in each of the seven (7) clauses: A CONTRACT OF A LEASE 1. The Parties to the agreement are: 1.1Piet Van Zyl, identity number, 881005 00431, herein is the owner of the leased property and is herein after referred to as the Lessor. 1.2Gert Coetzee, identity number 920407 00820, hereby agrees to the rent the leased property and is herein after referred to as the Lessee. 1.3The term “Parties” as used in this Lease Agreement refers jointly to the Lessor and the Lessee. 2.1 The Lessor hereby agrees to lease Unit no 47, Suzzette Street, Independence Avenue, Windhoek (hereinafter referred to as the “Leased Premises” to the lesee. 2.2 The Leased Premises, as set out in 2.1 above includes, 3 bedrooms, a kitchen, lounge and bathroom. 3. The lease period shall commence on 1 June 2022 and it shall be effective for the period of 2 years. 4.1The Lesee hereby undertakes to pay to the lessor the rental of amount of N$ 3 500.00 on a monthly basis during the duration of the of the leased period. 4.2The Lesee must the amount referred to in 4.1 above on the 30th day of each month. 4.3 At the commencement of the lease the lesee shall pay a minimum deposit of N$ 3 500.00 in addition to his monthly rental amount. 5.1 The Lessee agrees to take up the Leased Premises for use and enjoyment for residential purposes. 5.2 In the event the Lessee undertakes to use the Leased Premises for purposes other than the purposes set out in 5.1 above, the Agreement shall automatically terminate. Page 10 of 17 6.1 If the lesee fails to perform or fulfill any obligation under this Lease Agreement, the Lesee shall be in default of this Lease Agreement. The Lesee shall have seven (7) days from the date of notice of default by the Lessor to cure the default. 6.2 If the Lesee fails to cure the default within the period set out in clause 6.1 of this Lease Agreement, the Lessor may exercise any of the rights and remedies available to him in terms of the laws of Namibia. 7. Parties agree that the terms contained in this Agreement are binding and that Parties may not change the terms of their contract by agreement at all. Such change shall be invalid and not enforceable. /20 Marks Question 2 Discuss fully the Legal Principles of the case of Muvangua v Hiangoro [2020] NAHCMD 292 (16 July 2020). /20 Marks Question 3 ’A failure on appellant's part to take reasonable steps to ensure the accuracy of its representation (i e negligence) would consequently render its conduct unlawful.’’ Given the above extract discuss the changes brought by the case of Bayer South Africa (Pty) Ltd v Frost 1991 (4) SA 559 (A), with regards to the award of damages as a result of misrepresentation. /10 Marks Total: 50 Page 11 of 17 Makeup / Compensatory Assessment 1: Question 1 Read through the below contract and identify and explain terms or conditions contained in each of the seven (7) clauses: A CONTRACT OF A SALE OF IMMOVABLE PROPERTY 1. The parties to this Agreement are: 1.1. Peter Johnson (‘’Seller’’); 1.2. Gert Burger (‘’Purchaser’’) 2. The Seller undertakes to sell his Immovable Property 2.1 situate at Erf 56, New Street, Eros, Windhoek; to the purchaser. 3. The Parties agree that the Purchase Price of the Immovable Property mentioned in clause 2.1 is N$ 1.3 million. 4. The Purchaser undertake; 4.1 to purchase the property subject to obtaining a bond from a financial institution and failing to secure a bond within 7 days of signing this Agreement, whereof the Agreement lapses. 5. Should the Purchaser: 5.1 commit an Act of Insolvency before payment of the purchase price; or 5.2 fail to fulfil on due date any of the terms of this agreement; 5.3 fail to make any payment in terms hereof on due date: Page 12 of 17 the Seller or his agent shall be entitled, after having given the Purchaser 7 (Seven) days' written notice to remedy such wrongdoing and the Purchaser having failed to remedy such wrongdoing within such time, to either: cancel this agreement without further notice to the Purchaser, in which event the Seller shall be entitled to retake possession of the Immovable Property and to retain all monies already paid to the Seller or his agent, in terms hereof, as pre-estimated damages without prejudice to the Seller's other legal rights and remedies and the right to claim damages, and the Attorneys or any agents of the Seller are hereby authorised to make payment immediately to the Seller of any monies so retained paid by the Purchaser; OR to claim immediate payment of the whole of the Purchase Price and the fulfilment of all the terms and conditions hereof; any amount which is not paid on due date, shall bear interest at a rate equal to the prime overdraft rate of the Seller's bank, calculated from the date of payment, until payment thereof, which interest shall be paid by the Purchaser to the Seller upon demand. A certificate rendered by the Seller's bank manager, shall serve as prima facie proof of the prime overdraft interest rate. 5.4 In the event of the Seller acts contrary to the terms of this Agreement, the Purchaser or his agent shall likewise notify the Seller in writing of such wrongdoing and require him to remedy it within ten days of such notice, failing which the Purchaser shall, mutatis mutandis, have the same remedies as the Seller as set out in clause 5.3 above. 6. The Seller agrees that: as at Signature Date, the Subject Matter is solely and beneficially owned by the Seller, and is in the process of being transferred to the Purchaser, and the Seller will be able to and will give free and unencumbered titled thereof to the Purchaser on Effective Date; Page 13 of 17 as at the Effective Date, the Seller will not be in default of any material obligations affecting the Business; 7. The Parties agree that the terms contained in this Agreement are binding and that Parties may not change the terms of their contract by agreement at all. Such change shall be invalid and not enforceable. ______________________________ /20 Marks Question 2 With reference to case law, explain the concept of pacta de contrahendo. /15 Marks Question 3 With reference to decided cases write brief notes on initial and supervening impossibility of performance. /15 Marks Total: 50 Marks Page 14 of 17 Assessment 2: Question 1 John has been leasing a commercial property from Peter for the past three years. The leas will come to an end on 31 May 2010. On 5 March 2010, John phones Peter and offers to renew the lease for a further three years, which offer Peter accepts. During this phone call, the material terms of the renewal agreement are agreed upon and John and Peter further agree that the said material terms must be reduced to writing and signed by both parties. Subsequently, on 5 April 2010, John is shocked to receive a letter from Peter, advising John that there will be no renewal of the lease and that John should vacate the leased property on 31 May 2010. John and Peter never reduced their oral agreement to writing. Advise John if a binding agreement with Peter exists for the renewal of the lease for a further three years. Refer to case law. /30 Marks Question 2 Distinguish between mora ex re and mora ex persona in relation to breach of contract. /10 Marks Question 3 Outline the requirements of set-off. / 10 Marks Total: 50 Marks Page 15 of 17 Makeup / Compensatory Assessment 2: Question 1 With reference to case law outline the contractual capacity of a mentally ill persons / 15 Marks Question 2 Discuss fully the Legal Principles of the case of Mondo v Mondo (I 1283/2011) [2013] NAHCMD 332 (14 November 2013) /15 Marks Question 3 David has recently had a big win on the lottery and has decided to purchase a company, known as Win Company. He is extremely disappointed with the result of the contract and would like to know if there is anything that can be done about them. Contract was concluded with John, for the purchase of the company. During negotiations for the contract, David enquired about the state of the accounts of the company, specifically, whether the company was profitable. John said this - “I’m unsure, but it is my opinion that the company is profitable. However, I will check the accounts in the next week. John got too busy with his personal activities and forgot to check the state of accounts. After a week, John informed David that all is well as he feared that He could lose the opportunity of a business deal if he fails to communicate with David. The contract is then signed, but when David receives the accounts he is upset to find the company has not profited in the last 6 months. David contacts you for advice pertaining to the validity of contract concluded between David and John. Advice David as to the all the aspects and requirements, if any, that he needs to allege and prove, if he wants to lawfully get out of the contract. Refer to decided cases. /20 Marks Total: 50 Marks Page 16 of 17 Assessment 3: Question 1 Glass recently got appointed as a Sales Manager of Commercial department of Second Bank after having served as a sales consultant for 4 years. For the 4 years she has been working at Second Bank she was renting in a suburb known as Khomastura. Upon her appointment to the new position she decided to buy a plot in town for the purposes of building her dream house. Gladys approached King Building Ltd and spoke to one Mr. Hans. Mr Hans acting on behalf of King Building Ltd entered into an agreement with Gladys for the construction of a new House for Gladys. Gladys instructed Mr. Hans to use Superbricks to construct her house. After three months of construction, Gladys moved into her beautiful house. Within three days of living in her new house Gladys realised that King Building Ltd use Gobricks a sub-standard form of Superbricks to construct her house and thus the house started to crack. Furious Gladys contacts you for advice. Advise Gladys to whether she has a claim against King Building Ltd. In your advice outline the basis of claim, if any. Refer to case law. /20 Marks Question 2 Briefly distinguish between cession, delegation and assignment. /10 Marks Question 3 Discuss fully the Legal Principles of the case of National Cold Storage v Namibia Poultry Industries (Pty) Ltd (A 286/2014) [2014] NAHCMD 40 (03 March 2014). /20 Marks Total: 50 Marks Page 17 of 17 Makeup/Compensatory Assessment 3: Question 1 Distinguish between error in negotio, error in persona and error in substantia. /15 Marks Question 2 Discuss the legal principles of consensus as a requirement of a valid contract /15 Marks Question 3 Extract and discuss the Legal Principles outlined in the cases of Cape Explosives Works Ltd v South Africa Oil and Fat Industries Ltd; Cape Explosives Works Ltd v Lever Brothers (South Africa) Ltd 1921 CPD 244 /20 Marks Total: 50 Marks