Business Law III - Law Assignment Help

Assignment Task

ASSIGNMENT QUESTIONS

QUESTION 1

As a business owner, in practice, you will face many contractual obligations in addition to enforcing obligations from contracts you are involved with. Understanding the terms of contracts is important to your business relationships.

Read the following article and then answer the questions that follow:

• Pinsent Masons. (2021). Court rules on validity and enforceability of time limitation clauses. Out-law Analysis

Refer to your study guide and prescribed textbook for further research where needed.

1.1 Distinguish time clauses from conditions and name the types of time clauses.

1.2 Refer to the Raubex case. Identify the kind of time clause evident and cite the repercussions.

1.3 Briefly explain the two-pronged test for fairness.

What factors contributed to the department’s noncompliance with the time clause? Was this justifiable?

QUESTION 2

2.1 Refer to the case of Capitec Bank Holdings Ltd. and Another v Coral Lagoon Investments 194 (Pty) Ltd. and Others [2021] 3 All SA 647 (SCA) and discuss the following:

• What the parol evidence rule is.
• Interpretation of contracts and the various methods that may be employed.
• Language of contracts and how it can affect the enforcement of a contract.
• Admission or admissibility of extrinsic evidence.
• Read this article for an overview of the case: Moosajee, A. (2021). New judgment highlights importance of text, context and purpose in interpreting contracts. ENSight.

QUESTION 3

3.1 After intensive market research and having saved enough money to open your own food delivery service, you enter into a contract with a fresh produce caterer. The caterer agrees to supply all the healthy dishes for brand exposure and at a small percentage coming to you.

Healthy dishes have become in demand and the caterer is a social media sensation. Consequently, the caterer decides to partner with a food truck franchise without informing you. The situation escalates when the caterer does not cancel the agreement entered with you.

Discuss the breach of contract and all the remedies that may be explored due to the breach.

Determine the remedy that best suits your situation.

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