Khomotso and Stanford, an estate agent, enter into a contract in terms of which Stanford undertakes to sell a poultry farm on behalf of Khomotso. They agree that if Stanford succeeds in selling the property. Their contract also provides that Khomotso will not be liable for expenses incurred in the execution of the task.
Which ONE of the following statements is CORRECT?
1 Khomotso need not pay Stanford any commission if Stanford sells the farm, since a contract of mandate is a gratuitous undertaking to perform a task.
2 The contract between Khomotso and Stanford is invalid since it excludes Khomotso’s liability for expenses incurred during the execution of the task.
3 The contract between Khomotso and Stanford is not terminated when Stanford’s estate is sequestrated.
4 Khomotso may only revoke their contract for a legally acceptable reason; otherwise, the revocation itself many amount to a breach of contract