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Homework answers / question archive / Conversation A Veronica: Notongwe: Veronica: I want to sell my computer for N$5 000
Conversation A Veronica: Notongwe: Veronica: I want to sell my computer for N$5 000.00 That sounds good. I'll buy it. Great. Bring the money tomorrow and you can take it. Conversation B Natangwe: Veronica I need a computer to finish my assignment. If you pay me N$50.00 you can use mine. Thank you. I will come to your house on Friday and pay you when I've finished. Natangwe: Answer the following questions: 1.1 Identify the contracts arising from conversations "A" and "B" respectively. (2) 1.2 List and identify the essentialia of the contract arising from conversation "A" (6) 1.3 List and identify the essentialia of the contract arising from conversation "B" (6) 1.4 Briefly discuss Natangwe's duties arising from conversation "B". (9) 1.5 What will the effect be on the legal relationships arising between Veronica and Natangwe as a result of conversations "A" and "B" respectively if the computer was destroyed by lightning the night before Natangwe was due to use it? Discuss in detail.
1.1 Conversation A leads to contract for sell and conversation B leads to
contract for lease or rent.
1.2 Offer by prospective seller and unconditional acceptance of that offer by prospective buyer substantially closes the agreement to sell. Parties to the contract should be major age-wise, of unsound mind and not insolvent. The seller should also have a good title to the asset. Transfer of moveable goods could be oral and registration is not mandatory.
1.3 Offer by prospective leasor and unconditional acceptance of that offer by prospective lessee substantially closes the agreement to lease. Parties to the contract should be major, of unsound mind and not insolvent.
1.4 Parties to the contract could perform their respective promises now once contract has been entered into. In other words, the lessee should use the asset as per agreed terms reference to time, venue, duration, careful use and payment of consideration.
1.5 Lighting is a force majeure event which is beyond the control of parties involved.
Therfore parties are exempt to perform without any liability or obligation for their promises if there is a impact of that event on the performance of that promise.