Mr Nzimande owns a store that supplies purified water. His business has been rather successful of lately due to the water shortages in Durban. Mr Nzimande has a brilliant idea to create customised bottles for events. He notices that his neighbour Mr Naidoo runs a graphic design and printing company. He approaches him with the business idea. Mr Naidoo is keen and proposes brilliant graphic designs for the water bottles. Mr Nzimande wants to ensure that there is a contract in place between both parties with clear terms that reflect both of their interests. Question Mr Nzimande is 18 years of age, he understands that one of the essentialia of a contract includes that parties must have the capacity to contract in law. He further understands offer and acceptance, so there is no need to elaborate on that aspect of contract law in this question. You are required to outline seven (7) further essentialia that is necessary to be satisfied in order for a contract to come into existence. In your answer you must outline the requisite essentialia, and thereafter demonstrate an independent application of the essentialia by providing examples for each element respectively. The examples MUST relate to the above-mentioned scenario.
Mr Nzimande owns a store that supplies purified water. His business has been rather successful of
lately due to the water shortages in Durban. Mr Nzimande has a brilliant idea to create customised
bottles for events. He notices that his neighbour Mr Naidoo runs a graphic design and printing
company. He approaches him with the business idea. Mr Naidoo is keen and proposes brilliant graphic
designs for the water bottles.
Mr Nzimande wants to ensure that there is a contract in place between both parties with clear terms
that reflect both of their interests.
Question
Mr Nzimande is 18 years of age, he understands that one of the essentialia of a contract includes that
parties must have the capacity to contract in law. He further understands offer and acceptance, so
there is no need to elaborate on that aspect of contract law in this question.
You are required to outline seven (7) further essentialia that is necessary to be satisfied in order for a
contract to come into existence. In your answer you must outline the requisite essentialia, and
thereafter demonstrate an independent application of the essentialia by providing examples for each
element respectively. The examples MUST relate to the above-mentioned scenario.
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