Question

Read the facts below and answer the questions that follow.

Henry and Jacob have been friends for many years and decide to go into business together. Henry is 25 years old and Jacob has just turned 17 years old two weeks ago. They have now saved up enough money to purchase a Macbook from Simon, their mutual friend, to start their graphic design business. Henry and Jacob approach you for advice on the following:

1.3 Assume that the parties go to see Simon and agree that:

a) They will purchase the Macbook, 2017 specs, for R8000.00.

b) They will take immediate delivery of the Macbook. When Henry and Jacob get home, they find that the Macbook is in fact a 2011 model.

1.3.1 Assume that Simon actually believed that the Macbook was 2017 model. Advise Henry and Jacob on their rights against Simon. (10)

Answer 1

It is a fact that the text does not reveal much details about the case. With the limited information provided, we can summarize the context as follows:

Henry and Jacob who are friends for many years decide to start their own graphic design business. Naturally they require a computer to start with and planning to get a Macbook from their mutual friend Simon. They went on buying the same from Simon for Rs.8000/- believing it to be a 2017 model. But only after getting home they realize the fact that the Macbook is in real 2011 model. It is also mentioned that Simon was also in the belief that it is a 2017 model.

Ideally speaking here Henry and Jacob does not have much of a say against Simon. If it was purposefully done by Simon, they could have had a say against him. Moreover since they are planning to start a graphic design business, it is a must for them to have at least basic knowledge about the specifications of the machine with which they are planning to work. Before purchasing it they could have checked the specs clearly and also could have consulted an expert to get advice whether all specifications required are there and also the price aspect. It is also mentioned here that Simon is there mutual friend and they had all the liberty to check with him thoroughly. I strongly feel that they are not yet ready to get into a business since their first move itself went wrong. It is the responsibility of the investor to check whether he/she is getting value for their investment. Since Simon is their friend it is advisable to talk to him clearly, return the product and get back the money. Next time before purchasing it is advisable to consult an expert and be confident about the specifications of the machine they are purchasing. I strongly feel that Henry and Jacob require to do a bit more research and planning before proceeding to the next step of their venture.