PVL3702
ASSIGNMENT 1 (SEMESTER 1)
DUE MARCH 2026
ASSIGNMENT 01 QUESTION:
Jabu owns a jewelry store. He recently bought what he believed to be a genuine diamond ring
for R50 000 from one of his suppliers. Raymond visits the store and offers Jabu R80 000 for the
same ring, and Jabu accepts the offer. The contract was concluded on the basis that the sale
item is a genuine diamond ring. Subsequently, when Raymond visits his friend Themba, who
specializes in diamond trading, Themba informs him that the ring is a fake and it is not a
genuine diamond ring. It turns out that the ring was made with inferior materials which were
artificial, and even though the end product appears to look like a diamond ring, it is not.
Discuss fully the type of mistake that is relevant to this question and advise
Raymond if the contract he concluded with Jabu is valid or void. Refer to case
law in your answer. Do not discuss latent defects and breach of contract. And do
not apply the Consumer Protection Act 68 of 2008 to this question.
ANSWER:
In this matter, the central legal problem is whether the contract between Jabu and
Raymond is valid, given that both parties believed that the ring was a genuine diamond,
while in fact it was a fake. The issue concerns the doctrine of mistake in the law of
contract, specifically whether the mistake is of such a nature that it renders the contract
void.
A contract requires true consensus between the parties. Where consensus is absent
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
ASSIGNMENT 1 (SEMESTER 1)
DUE MARCH 2026
ASSIGNMENT 01 QUESTION:
Jabu owns a jewelry store. He recently bought what he believed to be a genuine diamond ring
for R50 000 from one of his suppliers. Raymond visits the store and offers Jabu R80 000 for the
same ring, and Jabu accepts the offer. The contract was concluded on the basis that the sale
item is a genuine diamond ring. Subsequently, when Raymond visits his friend Themba, who
specializes in diamond trading, Themba informs him that the ring is a fake and it is not a
genuine diamond ring. It turns out that the ring was made with inferior materials which were
artificial, and even though the end product appears to look like a diamond ring, it is not.
Discuss fully the type of mistake that is relevant to this question and advise
Raymond if the contract he concluded with Jabu is valid or void. Refer to case
law in your answer. Do not discuss latent defects and breach of contract. And do
not apply the Consumer Protection Act 68 of 2008 to this question.
ANSWER:
In this matter, the central legal problem is whether the contract between Jabu and
Raymond is valid, given that both parties believed that the ring was a genuine diamond,
while in fact it was a fake. The issue concerns the doctrine of mistake in the law of
contract, specifically whether the mistake is of such a nature that it renders the contract
void.
A contract requires true consensus between the parties. Where consensus is absent
Disclaimer:
All materials are for study assistance only. We do not condone academic dishonesty. Use at your own risk.
We are not liable for any consequences arising from misuse.
Redistribution, resale, or sharing without permission is prohibited.
