Contract Law Tutorials

Question 1

Write notes on the following making reference to decided cases where appropriate:
(a) Repudiation
(b) Exceptio non adimpleti contractus
(c) Mora ex persona
(d) Once and for all rule.
(e) Doctrine of Estoppel

[15
Marks]

Question 2

Craig will be moving to South Africa at the end of 2022. He decides that he will no longer
need his car, a five year old Volkswagen Polo. He then places an advertisement in ‘The
Times’ a local newspaper in Gweru covering the Midlands province area. The advert read as
follows:-

‘FOR SALE’- Volkswagen Polo in excellent condition. Will be sold to the first person
who sends notice in writing that they wish to buy it for USD$4,000 to the following
address: 53 Windsor Park ′

On Sunday evening, Audrey, a newly qualified driver, posts a letter to 53 Windsor Park
stating that she wants to buy Craig’s car the following week.

On Monday morning, Kimberly, Craig’s friend, passes the newspaper agent’s on her way to
work. She sees the advertisement and recognises the address. On her arrival at work, she
sends Craig an email to the email address that he provided her with when they first met,
two years ago, stating that she is willing to pay USD4,000 for the car. Hugo never receives
the email, since as a member of the ‘NO TECH’ movement he no longer uses computers or
mobile phones.
On Tuesday evening Craig meets his friend Tinashe Augustine for dinner and over the course
of the meal, Craig promises to sell the car to Tinashe Augustine for USD$ 3.500.

Advise Craig as to whether he is contractually bound to Audrey, Kimberly and Tinashe

Augustine.

[20 Marks]
Question 3

Discuss the doctrines which Roman and Dutch law of contract was founded initially and how
those doctrines have been developed by our Courts in Zimbabwe.

Question 4

a) Discuss the parole evidence rule and the exceptions to the applicability of that rule.

[5 marks]

b) Write brief notes on the difference between general damages and special damages
[5 marks]
c) Write brief notes on the position of the law vis exemption clauses in consumer
contracts. [5
marks]

Question 5

Write notes on the following making reference to decided cases where appropriate:
(a) Contra proferentum rule
(b) Pactum commissorium
(c) Pari delicto rule
(d) doctrine of fictional fulfillment
(e) condictio indebiti

Question 6
On 26 February 2018, Cornelius Mupereri obtained default judgement in the High Court
Bulawayo against Grace Charumbira for payment of US$179 000 with interest. A property
belonging to Grace was declared especially executable. Grace Charumbira made payment
proposals which were accepted by Cornelius but she failed to honour the terms thereof.

Grace requested further indulgence resulting in the parties entering into a deed of
settlement dated 13 November 2019. In terms of the deed of settlement, Grace undertook
that her two residential stands in Hatfield would be sold and proceeds paid to the Cornelius.
Grace agreed to settle an outstanding debt of USD$155 440. She was to continue paying
USD$5000 a month until the debt was extinguished in full. The attached property was to
remain under judicial attachment.

Later on in 2020 March, Grace realized that she ought not to have agreed to a deed of
settlement to pay the outstanding balance of USD$155 440 instead she could have paid the
sum of RTGS $155 440 and the debt would have been extinguished in terms of s 4(1) (d) of
the Presidential Powers (Temporary Measures) (Amendment of Reserve Bank of Zimbabwe
Act and Issue of Real Time Gross Settlement Electronic Dollars (RTGS Dollars)) Regulations
2019(S.I 33 of 2019). The effect of this provision was to the effect that, all assets and
liabilities, including judgment debts, denominated in Unites States dollars immediately
before 22 February 2019 shall be valued in RTGS dollars on a rate of 1:1 and all payment of
debts denominated in United States dollars made after 22 February 2019 ought to have
been converted into RTGS.

Grace now argues that the deed of settlement did not create new obligations due to the fact
that the parties laboured under a mistake. She further argues that there was a
misapprehension as to whether the provisions of section 4(1) (d) of S.I 33 of 2019 applied
to judgement debts and that the parties laboured under a common mistake as regards
payment of liabilities existing immediately before 22 February 2019.

Grace now contends that the deed of settlement is void ab initio as both the applicant and
the respondent were mistaken as to the amount due and payable by the applicant as the
applicant failed to apply the law as expressed in S.I 33 of 2019 culminating in the mistake.
Whilst Cornelius argues that there was no mistake and that there a compromise by Grace as
a result of the deed of settlement
Advise Grace Charumbira if she can be successful to impugn the deed of settlement on the
basis of common mistake
[20 Marks]
Question 7

Discuss the different forms of breach of contract.

Question 8

Making reference to decided authorities do a critique of the public policy doctrine in so far as
it is applied to contract law. Refer to relevant authorities where appropriate.

Question 9
(a) What is the difference between an option and a right of first refusal?

What remedies, if any, are available where it is proved that one or other of these
arrangements has been breached?

(b) With reference to decided cases, analyse the relevance, if any, of fault in the
enforcement of contracts in cases where one of the parties invokes mistake.

Question 10
Distinguish between void and voidable contracts. With reference to case authority discuss
the elements which vitiate a contract?