Category: A Business Law/Commercial Law Revision Question and Answers

Mrs. Waters a 70 year old lady is approached by Mr. Dzingai to sell her house in Bulawayo to him 20 000 British pounds. Mr. Dzingai undertakes to pay the money to her by depositing it into a bank account held by Mrs. Waters in London. In order to disguise their transaction Mrs. Waters is to effect transaction Mrs. Waters is to effect transfer of property into the name of Mr. Dzingai by 28 February 2014, when he is to have paid the full purchase price, reflected therein as $30 000 united States dollars which they had agreed earlier would be the equivalent to the price in British pounds. Mr. Dzingai pays an amount of 17 000 British pounds into Mrs. Waters account with her bankers in London and furnishes her with deposit slips in respect of these payments. Mr. Dzingai, through his sister in Bulawayo, approaches Mrs. Waters late at night asking her to sign an undated document reflecting an altered exchange rate. His sister’s explanation to Mrs. Waters of the necessity for the altered agreement is that Mr. Dzingai requires this agreement for purposes of obtaining a loan in the United Kingdom to pay the balance of the purchase price. She then, through another lawyer, demands transfers of the property into her name, on the basis of this agreement, alleging that the purchase price has been paid in full. Advise Mrs. Waters fully as to the rights and remedies available to her, referring to decided cases. [25marks]

Contract of sale between Mrs Waters and Mr Dzingai Agreement of Sale – Contract – (House) Offerer Person  –  Mr. Dzingai Offeree Person  –  Mrs. Waters The law of contract states that “a Contract is a lawful agreement  made by Open …

Mrs. Waters a 70 year old lady is approached by Mr. Dzingai to sell her house in Bulawayo to him 20 000 British pounds. Mr. Dzingai undertakes to pay the money to her by depositing it into a bank account held by Mrs. Waters in London. In order to disguise their transaction Mrs. Waters is to effect transaction Mrs. Waters is to effect transfer of property into the name of Mr. Dzingai by 28 February 2014, when he is to have paid the full purchase price, reflected therein as $30 000 united States dollars which they had agreed earlier would be the equivalent to the price in British pounds. Mr. Dzingai pays an amount of 17 000 British pounds into Mrs. Waters account with her bankers in London and furnishes her with deposit slips in respect of these payments. Mr. Dzingai, through his sister in Bulawayo, approaches Mrs. Waters late at night asking her to sign an undated document reflecting an altered exchange rate. His sister’s explanation to Mrs. Waters of the necessity for the altered agreement is that Mr. Dzingai requires this agreement for purposes of obtaining a loan in the United Kingdom to pay the balance of the purchase price. She then, through another lawyer, demands transfers of the property into her name, on the basis of this agreement, alleging that the purchase price has been paid in full. Advise Mrs. Waters fully as to the rights and remedies available to her, referring to decided cases. [25marks]

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Mrs. Waters a 70 year old lady is approached by Mr. Dzingai to sell her house in Bulawayo to him 20 000 British pounds. Mr. Dzingai undertakes to pay the money to her by depositing it into a bank account held by Mrs. Waters in London. In order to disguise their transaction Mrs. Waters is to effect transaction Mrs. Waters is to effect transfer of property into the name of Mr. Dzingai by 28 February 2014, when he is to have paid the full purchase price, reflected therein as $30 000 united States dollars which they had agreed earlier would be the equivalent to the price in British pounds. Mr. Dzingai pays an amount of 17 000 British pounds into Mrs. Waters account with her bankers in London and furnishes her with deposit slips in respect of these payments. Mr. Dzingai, through his sister in Bulawayo, approaches Mrs. Waters late at night asking her to sign an undated document reflecting an altered exchange rate. His sister’s explanation to Mrs. Waters of the necessity for the altered agreement is that Mr. Dzingai requires this agreement for purposes of obtaining a loan in the United Kingdom to pay the balance of the purchase price. She then, through another lawyer, demands transfers of the property into her name, on the basis of this agreement, alleging that the purchase price has been paid in full. Advise Mrs. Waters fully as to the rights and remedies available to her, referring to decided cases. [25marks]

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Mobbs (Pvt) Ltd takes dustcoats to Mat Dry Cleaners for cleaning. The attendant at Mat Dry cleaners issues a receipt to the messenger delivering the overalls on the back of which the following are printed: ‘This firm accepts no liability for any damage to or shrinkage of any items left in its care irrespective of the cause thereof’ Three days later Mobbs (Pvt) Ltd sends their messenger to collect the dustcoats. On inspecting the dustcoats after their return to its offices it is discovered that three of them have been bleached. The manager of Mobbs (Pvt) Ltd, brings this to the attention of Mat Dry Cleaners. The manager of Mat Dry Cleaners draws the attention of Mobbs to the condition on the back of the receipt when the dustcoats were delivered for dry cleaning and contends that on the basis of this condition his firm is absolved from liability for the damage to the overalls. Required: a) Discuss the prospects of success of Mobbs (Pvt) Ltd. If this dispute were brought before the court. [15marks] b) Apart from litigation is there any other means of resolving this dispute and if so, what are its advantages over a court action? [10marks]

Mobbs (Pvt) Ltd  V   Mat Dry Cleaners      Law of Contract : Receipts and Tickets Sale Contract Mobbs (Pvt) Ltd takes dustcoats to Mat Dry Cleaners for cleaning they were handed over to mat Dry Cleaners in a satisfactory condition. Open …