EXAMS OFFICE

USE ONLY

University of the Witwatersrand, Johannesburg

Course or topic No(s)

LAWS3044A

Course topic names(s)

Paper Number & title CONTRACT LAW

Test to be
JUNE/JULY 2021
held during month(s) of

Year of study 3rd YOS

(Art & Science leave blank)

Degrees / Diplomas for which

this course is prescribed LLB
(BSc (Eng) should indicate which branch)

Faculty/ies presenting candidates

COMMERCE, LAW AND
MANAGEMENT

Internal examiner(s) PROF D BHANA (X78477)

and telephone extension PROF M NORTJE
number(s) PROF P JORDI

External examiner(s) N/A

Special materials required

(graph/music/drawing paper NONE
maps, diagrams, tables, computer cards, etc)

Time allowance
ONLINE TAKE-HOME ASSESSMENT
(6 HOUR WINDOW)

Instructions to candidates 1. ANSWER ALL THE QUESTIONS.

Examiners may wish to use this space to indicate, 2. THE MAXIMUM MARK FOR THIS
inter alia, ASSESSMENT IS 40.
the contribution made by this 3. THIS ASSESSMENT COUNTS FOR
examination or test towards the year mark, if 30% OF THE FINAL MARK.
appropriate 4. READ THE DETAILED
INSTRUCTIONS ON THE NEXT PAGE
AND COMPLY WITH THEM.
5. THIS IS A CLOSED- BOOK
ASSESSMENT.

1
INSTRUCTIONS:
1. This is a closed-book assessment. By doing this assessment, you consent
to the Honour Pledge: For the duration of the take-home test, you undertake
not to consult your textbook, notes or any other materials (including online
materials) or have discussions with your classmates or any other persons in
relation to this assessment. A failure to comply with this pledge will
constitute CHEATING and may lead to disciplinary action by the University.
2. You must submit your written answer on Canvas via the 'Assignments' tab by no
later than 2 pm on 1 July 2021. You have one opportunity to submit your written
answer. NB. Whilst you have a window of 6 hours to submit your answers,
this assessment should take two hours at most to complete. As such, please
ensure that you allow sufficient time to ensure that your answers are successfully
uploaded onto Canvas within the required timeframe - DO NOT LEAVE IT TO THE
LAST MINUTE.
3. Number each page of your answer clearly. Also include your student number at
the top of each page.
4. In approaching this question, please remember the ‘thinking’ and ‘writing’
processes. Make sure that you PLAN your written answer properly.
5. The maximum mark for this test is 40 and there is a word limit of 3,500 words for
your written answer (in total, for the entire answer, but not including your plan and
the honour pledge)). If you exceed this word limit, the balance of your answer will
not be marked.
6. You may submit your answer in one of the following formats: a Word or PDF
document; a handwritten answer scanned as a PDF; or photos of a handwritten
answer (JPG file/s). However, if possible, please upload your answer as a Word
document, and in a single file. This facilitates effective feedback and
administration of electronic documents by your lecturer.
7. After you have uploaded your answer, please check that you have uploaded the
correct document. If you have uploaded the incorrect document, please email the
correct document(s) with your answer to the course co-ordinator at
Deeksha.Bhana@wits.ac.za immediately.
8. For technical support required in terms of Canvas, please contact Wits ICT - Tel:
011 717 1717; E-mail: ITStudentHelp@wits.ac.za OR
contact Sithandekile.Ncube@wits.ac.za.
9. For other problems, please email the course co-ordinator
at Deeksha.Bhana@wits.ac.za as soon as possible, but at the latest 4 hours
after the problem started, setting out the nature of the problem and providing
appropriate proof.
10. If you are unable to submit your answer before the deadline, you must email your
answer to the course co-ordinator at Deeksha.Bhana@wits.ac.za as soon as
possible after the deadline, setting out the reasons for late submission and
attaching appropriate proof. You must also apply for a deferred. Do not wait for
the outcome of your deferred application before submitting your answer.

2
QUESTION ONE

At the tender age of 16, Ntombi Maseko was the youngest South African professional
tennis player ever to win the South African Tennis Open. Her victory was however
contentious as many believed that her opponent, Zarina Willemse, was robbed of the
win due to a bad call by the umpire. Fans booed Ntombi at the prizegiving ceremony
as she lifted the winning trophy and when interviewed, the press tried to get her to
admit that she did not deserve to win. This happened despite the fact that the
tournament organisers, the South African Tennis Federation (SATF), had verified the
umpire’s call as correct and Zarina Willemse herself had admitted that Ntombi was the
better player that day.

On the court, Ntombi’s professional game kept getting better over the next few years.
She has been playing in major tournaments on the international tennis circuit in many
countries. However, off the court, Ntombi’s traumatic experience at the South African
Open led to her suffering bouts of depression and severe social anxiety whenever in
the spotlight, so much so that she has not played in South Africa since then. In
addition, she now wears noise-cancelling headphones to tennis tournaments as a way
to keep calm and she avoids giving interviews unless absolutely necessary and even
then, keeps them very brief.

Ntombi has just turned 20 and believes that she is finally strong enough to ‘face her
demons’ at the South African Tennis Open. She therefore contacts the tournament
organisers and they enter into a written contract, signed by both parties, which
includes the following terms:

‘1. The tennis player (Ntombi) undertakes to play in the 2021 South African Tennis
Open which takes place from 1 March 2021 to 14 March 2021.
2. The tennis player will pay an entry fee of R25 000 to participate in the
tournament.
3. The tournament organisers (South Africa Tennis Federation) will duly advise
the tennis player of the schedule of play and press conferences at least one
week before the tournament begins.
4. The tournament organisers will further ensure that all COVID-19 safety
protocols are properly observed in the court arena and surrounding areas.
5. The tournament organisers will pay the tennis player R75 000 for each match
she plays and a bonus of R50 000 if she wins the match.
…
17. As part of the tennis player’s responsibilities in participating in this tournament,
she is required to do at least one press conference after each match she plays.
The tennis player may further be called upon to give interviews at the
commencement of the tournament and before her matches.

3
 18. Any failure by the tennis player to comply with her responsibilities in terms of
clause 17 will require her to pay a fine of R50 000 to the tournament organisers.
19. No variation of the contract will be of any force or effect unless it is reduced to
writing and signed by the parties.
20. This document comprises the entire contract between the parties.’

On the morning of 1 March 2021, Ntombi arrives at the tennis court ready to play her
first match and even gives a brief interview beforehand to a young journalist. All goes
well with the match and Ntombi beats her opponent by two sets to zero (6-3; 6-0).
However, on her way to the press conference thereafter, Ntombi catches a glimpse of
Zarina Willemse, who also happened to be on her way to the press conference after
her match on the adjacent court. Suddenly, the awful memories of their last encounter
come flooding back and Ntombi has a massive panic attack. She runs and locks
herself in her hotel room and refuses to talk to anyone from the media. The next day,
she emails the tournament organisers to advise them that, on her psychologist’s
advice, she will not be doing any press conferences for the tournament as she is
struggling terribly with her anxiety. She signs off the email, thanking the organisers in
advance for their understanding and respect for her privacy.

The tournament organisers replied:

‘Dear Ntombi

We are terribly sorry to hear that you are having a challenging time.

We do however strongly urge you to reconsider. As a professional athlete earning a

large sum of money, we are sure that you appreciate the instrumental role that the
media play in raising the profile of the sport of tennis so that it can continue to be
sustained and grow, especially amongst young people, by attracting big commercial
sponsorships for the hosting of tennis tournaments as well as endorsement deals for
players.

At the end of the day, press conferences are ‘part and parcel’ of the job of being a
professional tennis player. Indeed, we draw your attention to your responsibilities in
terms of clause 17 of the contract.

We therefore expect to see you at the next scheduled press conference. Please note
further that you are liable to pay a fine of R50 000 as per clause 18 of the contract for
your failure to show up to the required press conference after your match yesterday.

Kind regards
SATF.’

4
Ntombi is outraged. She feels that it is extremely unfair for the tournament organisers
to enforce clauses 17 and 18 against her, especially in light of her history with the
South African Tennis Open.

IN ANSWERING THE QUESTIONS BELOW, FOCUS ON THE COMMON LAW

POSITION ONLY.
1.1 Ntombi argues that the contract allows her to be excused from doing press
conferences if that would be detrimental to her mental health. In turn, the SATF
argue that there is nothing written in the contract to that effect. Advise her
whether she will be successful with such a defence.
[10 MARKS]

1.2 Assume for purposes of this question that Ntombi’s argument in question 1.1
will not be successful. Ntombi wants to know if there is any other way in which
she can escape enforcement of clauses 17 and 18 of the contract in the
particular circumstances of the case. Advise Ntombi.
[20 MARKS]

1.3 Assume for the purposes of this question that clauses 17 and 18 are not valid
or enforceable. In light of this, advise Ntombi whether she can continue to play
in the tournament and claim her match fees for each match played.
Alternatively, can she withdraw from the tournament and claim back the entry
fee of R25 000 that she has already paid? Explain your answer.
[10 MARKS]

[TOTAL FOR QUESTION 1: 40 MARKS]

TOTAL FOR PAPER = 40 MARKS