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Which ONE of the following statements is CORRECT?a.Jeffrey and Joel decide to run a brothel and draw up an agreement on how they will divide the profits. A valid contract comes into existence.b.If Joel bets Sandile R2 000 that Zambia will win the next Africa Nation’s Soccer Cup, the contract between them is void, because it is a wagering contract.c.If Samuel, who is deeply in love with Sammy, promises Margate’s beach to her in a contract of donation, a valid contract does not come into existence because the objects of the donation is not capable of being privately owned.d.If Rocher, the famous chef and owner of Greenfields, agrees with Joel, the buyer of the restaurant, that Rocher will never again open or work in a restaurant in South Africa, the contract will be enforceable, because it is a principle of South African law that parties have freedom to contract.

Question

Which ONE of the following statements is CORRECT?a.Jeffrey and Joel decide to run a brothel and draw up an agreement on how they will divide the profits. A valid contract comes into existence.b.If Joel bets Sandile R2 000 that Zambia will win the next Africa Nation’s Soccer Cup, the contract between them is void, because it is a wagering contract.c.If Samuel, who is deeply in love with Sammy, promises Margate’s beach to her in a contract of donation, a valid contract does not come into existence because the objects of the donation is not capable of being privately owned.d.If Rocher, the famous chef and owner of Greenfields, agrees with Joel, the buyer of the restaurant, that Rocher will never again open or work in a restaurant in South Africa, the contract will be enforceable, because it is a principle of South African law that parties have freedom to contract.

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Solution

Let's analyze each statement step by step to determine which one is correct:

a. Jeffrey and Joel decide to run a brothel and draw up an agreement on how they will divide the profits. A valid contract comes into existence.

  • Running a brothel is illegal in many jurisdictions, including South Africa. Contracts that involve illegal activities are generally not enforceable. Therefore, this statement is incorrect.

b. If Joel bets Sandile R2 000 that Zambia will win the next Africa Nation’s Soccer Cup, the contract between them is void, because it is a wagering contract.

  • Wagering contracts are often considered void in many legal systems, including South Africa, because they are based on chance rather than a legal obligation. Therefore, this statement is correct.

c. If Samuel, who is deeply in love with Sammy, promises Margate’s beach to her in a contract of donation, a valid contract does not come into existence because the objects of the donation is not capable of being privately owned.

  • Public property, such as a beach, cannot be privately owned or donated by an individual. Therefore, this statement is correct in saying that a valid contract does not come into existence.

d. If Rocher, the famous chef and owner of Greenfields, agrees with Joel, the buyer of the restaurant, that Rocher will never again open or work in a restaurant in South Africa, the contract will be enforceable, because it is a principle of South African law that parties have freedom to contract.

  • While parties do have freedom to contract, agreements that impose unreasonable restraints on trade or employment are generally not enforceable. A clause that prevents someone from ever working in their profession again is likely to be considered unreasonable. Therefore, this statement is incorrect.

Based on the analysis, the correct statement is:

b. If Joel bets Sandile R2 000 that Zambia will win the next Africa Nation’s Soccer Cup, the contract between them is void, because it is a wagering contract.

This problem has been solved

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