Activity

T is a business man in Mutare. He meets and befriends S a 16 year old young man. S is so good in
accounts at school and T gets to know of that. T and S agree that during the school holidays S shall do
the business mans books of accounts. S does the books so well but his parents are unaware of the
arrangement. It is agreed that S shall be paid $100 per week for the duration of the school break. T pays
S for the first 2 weeks but not for the other two weeks. S is owed $200 by T.
Advise S in so far as his rights to claim the balance owing from T who is arguing that S is just a minor who
has no use of the $200.Ss father is ready to assist the minor by going to court if need be.
Will your answer be any different if Ss father was uninterested in assisting him to claim the money? Or
If the minor represented that he is now 21 years and a student at AU doing a course in Finance and that
he is a businessman for the last 4 years.

Exercise
Judicial precedents are never a source of law in any legal system. The role of a judge is not to
make the law but to interpret it. In purporting to make the law the judge will be exceeding his
powers as the third arm of government. Explain the correctness or otherwise of this statement.
[15]

EXERCISE
1. Explain what is meant by misrepresentation in law? Give three types of misrepresentation
supporting your case with case law examples.

2. In what circumstances is the remedy of rescission to a contract available to a party to the

contract?
3. Explain what is meant by the following terms:
a] action quanti minoris
b] actio redhibitoria
c] In what circumstances are the two remedies available?

ACTIVITY
1. List and explain three types of illegal contracts at common law. [6]
2. Is a contract in contravention of the price control regulations illegal or not? Justify your
answer with case law or statutory provisions [10]
3. Mr T sold his second hand car to Mr Dull for $4000. At the time of the sale certain
regulations makes it mandatory for such cars to be sold at a maximum price of $3000. Mr
Dull pays a deposit of $2000 and was due to pay the balance at the end of the month. He
did not pay the instalment. Mr T has sued Mr Dull in the courts demanding the balance of
$2000 due on the vehicle. Mr Dull wants to pay the balance so that he retains the car for his
use. Mr Dull comes to you for legal advice before he pays. Does Mr Dull have any defence
to the claim by Mr T? Advise him fully.[25]

ACTIVITY
1. Explain with the aid of examples what is meant by stipulatio alteri [5]
Distinguish between novation and compromise
[6]
What is supervening impossibility? Can that affect a contract already concluded and if so how?
[9]
2. C gets a job at A.U as the IT Engineer after completing his doctoral research at the same
institution. C is from Democratic Republic of the Congo [DRC]. In terms of his contract of
employment he is supposed to work commencing the 1st of February 2012. C commences work
on the 1st of February and works up to the 28th of February when the immigration authorities
refuses to issue him with a work permit on the basis that he has no special skills required in the
country and that he does not have any experience in the field. An appeal to the minister against
the decision is dismissed and C is deported by road to DRC. A.U is now suing C for breach of
contract and is claiming damages. You are AUs lawyer advice AU whether C can raise a
successful defence against the claim