Case Study

Case Study
PROGRAMME Bachelor of Commerce in Marketing Management;

Bachelor of Commerce in International Business;
Bachelor of Commerce in Entrepreneurship;
Bachelor of Commerce in Retail Management;
Bachelor of Commerce in Project Management;
Bachelor of Commerce in Financial Management;
Bachelor of Commerce in Supply Chain Management;
Bachelor of Commerce in Accounting;
Bachelor of Commerce in Digital Marketing;
Bachelor of Commerce in Tourism and Hospitality Management
MODULE Business Law
YEAR Two (2)
INTAKE January 2024 Semester 1
MARKS 30
Instructions to students:
 Students are to refer to a minimum of 5 academic sources when undertaking the case study.
 The module guide is not a primary source of reference and should not be the source of answers to the below questions.
 Students are to provide an independent application of the law i.e – students must use legal reasoning and show their own thought process in answers.
 Students are to refer to South African law.
 A practical example is a real-life situation, instance, or illustration used to demonstrate or clarify a concept, theory, or idea in a tangible and easily
understandable way
 Referencing is critical
 The programme handbook must be referred to for further instructions pertaining to the format etc.
Contracts are undeniably the backbone of modern commerce and business interactions. They serve as the steadfast pillars upon which agreements are forged and upheld. In the
realm of legal obligations, contracts hold significant weight, demanding that each party involved fulfills their duties as mutually stipulated.
Macy is a visionary entrepreneur behind her successful business called Spec-tacular, an exquisite luxury sunglass emporium situated in Cape Town, South Africa. Macy has
meticulously curated a reputation for herself within South Africa's fashion industry, boasting an international clientele base. Macy learns about William at a fashion Indaba. Macy is
intrigued by Williams unconventional design concept and bespoke sunglass cases. She approaches William on his social media page and proposes a business collaboration,
whereby William will design and create a collection for Macy.
Macy requires legal advice as she is investing a large sum of money into this business transaction. Macy’s friend Max informs her that in South Africa, there are many requirements
in order for a contract to be deemed valid in law. Macy has conducted her own legal research using artificial intelligence, however she felt confused and worried due to the
ambiguity which she received. Macy knows that the law in each country is not the same. She understands that in order for a contract to be valid in South Africa, one of the
requirements must be that the agreement must comply with any formalities required for that type of contract.
QUESTION 1 [15 MARKS]
You are required to fully discuss the requirements for a valid contract in South African law. In your discussion you must also provide SEVEN (7) elements. You are furthermore required
to provide 7 practical examples for each element listed respectively.
QUESTION 2 [15 MARKS]
A few months into the business relationship between Macy and William, William informs Macy that he has just received a rare pair of sunglasses from an Italian fashion house.
William tells Macy that the sunglasses are authentic and that this offer is a rare one at an extremely affordable rate. Macy feels immense pressure to purchase the sunglasses. She
takes a loan from her sister and purchases it 5 days after the offer was made. A month later, Macy is told by an authenticator that the sunglasses are a replica of the original.
Macy is incredibly angry and seeks your advice.
2.1. Based on the above, a breach of contract between Macy and William has occurred. Outline the defense which Macy can use to cancel the contract between William and
herself? (5)
2.2. Identify FOUR (4) requirements which must be proven for the above defense to be valid. You must provide practical examples for each
requirement respectively. (10

Case Study - Business Law

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PROGRAMME Bachelor of Commerce in Marketing Management;

QUESTION 1 [15 MARKS]

QUESTION 2 [15 MARKS]

requirement respectively. (10

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