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TAKE YOUR PICK (OPTION A or B)
OPTION A
QUESTION 1
1. Legal Framework: Acceptance in Contract Law
In South African law, acceptance of an offer must generally be communicated to the offeror to be
effective, unless the offeror waives the need for communication or prescribes a mode of
acceptance that implies that mere conduct or signing will suffice.
As per the general rule stated in the case Boerne v Harris 1949 (1) SA 793 (A), an offer must be
accepted and that acceptance must be communicated to the offeror before the offer expires. Until
then, no contract exists. However, the courts do recognise that there are exceptions, especially
where the offer itself provides for a different mechanism for concluding the agreement.
OPTION B
QUESTION 1
In advising Jack on whether a legally binding contract was concluded between him and Jill, we need
to focus on the legal principles surrounding acceptance in the law of contract, specifically within
the South African context. Since the question excludes the application of the direct reliance theory
and the iustus error doctrine, we will rely on the will theory and established case law that governs
acceptance and the communication thereof.
1. Legal Framework: Acceptance in Contract Law
It is assumed that Jill made a valid and binding offer to Jack for the purchase of the Yamaha
speedboat, as per the facts given. The document titled “Contract of Sale” expressly states that the
offer is irrevocable and expires at noon on 5 March 2024. Furthermore, it clearly stipulates that
Disclaimer:
acceptance will occur upon signature by the seller (Jack). This means the offer does not require
The materials provided are intended for educational and informational purposes only. They
should communication
not be submitted ofas acceptance
original workto
orbecome effective;
used in violation of the
any act of signing
academic is
institution's
policies. The buyer is solely responsible for how the materials are used.
VarsityTimes
For more assistance and exclusive, unique assignments, contact us on Telegram:
https://t.me/varsity_times
TAKE YOUR PICK (OPTION A or B)
OPTION A
QUESTION 1
1. Legal Framework: Acceptance in Contract Law
In South African law, acceptance of an offer must generally be communicated to the offeror to be
effective, unless the offeror waives the need for communication or prescribes a mode of
acceptance that implies that mere conduct or signing will suffice.
As per the general rule stated in the case Boerne v Harris 1949 (1) SA 793 (A), an offer must be
accepted and that acceptance must be communicated to the offeror before the offer expires. Until
then, no contract exists. However, the courts do recognise that there are exceptions, especially
where the offer itself provides for a different mechanism for concluding the agreement.
OPTION B
QUESTION 1
In advising Jack on whether a legally binding contract was concluded between him and Jill, we need
to focus on the legal principles surrounding acceptance in the law of contract, specifically within
the South African context. Since the question excludes the application of the direct reliance theory
and the iustus error doctrine, we will rely on the will theory and established case law that governs
acceptance and the communication thereof.
1. Legal Framework: Acceptance in Contract Law
It is assumed that Jill made a valid and binding offer to Jack for the purchase of the Yamaha
speedboat, as per the facts given. The document titled “Contract of Sale” expressly states that the
offer is irrevocable and expires at noon on 5 March 2024. Furthermore, it clearly stipulates that
Disclaimer:
acceptance will occur upon signature by the seller (Jack). This means the offer does not require
The materials provided are intended for educational and informational purposes only. They
should communication
not be submitted ofas acceptance
original workto
orbecome effective;
used in violation of the
any act of signing
academic is
institution's
policies. The buyer is solely responsible for how the materials are used.
