PVL3702 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA (DETAILED MEMO- DISTINCTION GUARANTEED)
QUESTION 1
ABC company advertises that they have manufactured a patent medicine. The advert states that if this medication is taken, by any person, according to the manufacturer’s prescription,...
question 1 abc company advertises that they have manufactured a patent medicine the advert states that if this medication is taken
according to the manufacturer’s prescription
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University of South Africa (Unisa)
PVL3702 - Law Of Contract
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PVL3702
Law of Contract
PORTFOLIO MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER: -
Due Date: - 18th MAY 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
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ABC company advertises that they have manufactured a patent medicine. The
advert states that if this medication is taken, by any person, according to the
manufacturer’s prescription, that person will not become ill with the coronavirus
sickness. And the advert further states that the company is so confident of this
medication, that if anyone does get sick with this virus, after taking the medication
as prescribed, the company will pay that person R50 000. Based on this
advertisement, Y purchased the medication, and he took the medication as
prescribed by the manufacturer (ABC company). Unfortunately for Y, he still fell ill
with the coronavirus. Y approaches you for legal advice as he wants to institute
legal proceedings against ABC company. Advise Y if a legally binding contract was
concluded between him and ABC company. Discuss fully and refer to case law in
your answer. Do not apply the Consumer Protection Act 68 of 2008. Your answer
must not exceed two typed pages or three written pages.
[25]
Answer
Identifying the problem
Y will only be able to claim if a valid contract arose between ABC Company and Y.
A valid contract will arise if there was a valid acceptance of a valid offer.
Discussing the relevant law applicable to the problem AND applying the law to the facts
of the problem.
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