Milpark Education Business Law
While you are travelling your motor vehicle breaks down next to the road. A gentlemen stops next to you and informs you that he is a motor mechanic and that he will take the motor vehicle to his shop for repairs but will first phone you with a quote of what it will cost to fix the motor vehicle. You agree. Two days later he phones you to tell you that the motor vehicle is ready for collection and presents you with a bill of R10 000 as he replaced a defective part costing R9 000 and the balance of R1 000 was for towing services. You refuse to pay the R10 000. 1.1 Was the contract conditional? Give a reason for your answer. (2) 1.2 Research and fully discuss the concept of a right of retention and state, with reasons, whether the mechanic can claim this? (Refer to Guman © Milpark Education Business Law BBAB101B Assignment 1 March 2015 Page 13 of 15 NO v Ansari & others (2011). Only discuss the applicable requirement(s). (10) (10 marks) 1.3 Specifically referring to the R1 000, was there breach of contract by the mechanic and will you have to pay the mechanic the R1 000? (3) Question 2 (15 marks) 2.1 A minor contracts with a major where tacit emancipation has taken place. Can the minor claim voidability of the agreement? You need to fully discuss the concept of tacit emancipation. (8) 2.2 An agent has been acting for the principal for 5 years without his express authority, but with the principal’s full knowledge. Will thprincipal be liable for the actions of the agent? You need to fully discuss the concept of agency. (Do not discuss estoppel or the requirements for a valid contract) (7) Question 3 (10 marks) Name the sources of South African law with a short description of each and distinguish between criminal law and civil law.