, PVL3702 Assignment 1 (COMPLETE ANSWERS) Semester
2 2025 – DUE 26 August 2025; 100% correct solutions and
explanations. {Three Answers Provided}
Legal Opinion for Shane: Prescribed Mode of Acceptance and
Validity of the Contract of Sale
1. Introduction
Legal advice regarding the prescribed mode of acceptance in the
contract you entered into with the Porsche dealership in
Johannesburg. Specifically, the dealership’s attorney argues that no
valid contract was concluded due to the dealership’s failure to sign
the 'Contract of Sale' document. You have asked whether the
absence of the seller’s signature means that the prescribed mode of
acceptance was not complied with, and, if so, whether a valid
contract of sale was concluded. This opinion addresses those two
core issues.
2. The Prescribed Mode of Acceptance: Legal Principles
In terms of South African contract law, for a contract to be valid,
there must be a valid offer, a valid acceptance, and consensus
between the parties. Where an offeror prescribes a particular mode
of acceptance, such as signing a document, that mode must
generally be complied with for the contract to be valid, unless:
the prescribed mode is merely directory and not peremptory;
or
the offeror waives the prescribed method (waiver will not be
discussed in this opinion as per your instruction).
A prescribed mode of acceptance is considered peremptory if the
wording of the offer explicitly requires acceptance in a particular
2 2025 – DUE 26 August 2025; 100% correct solutions and
explanations. {Three Answers Provided}
Legal Opinion for Shane: Prescribed Mode of Acceptance and
Validity of the Contract of Sale
1. Introduction
Legal advice regarding the prescribed mode of acceptance in the
contract you entered into with the Porsche dealership in
Johannesburg. Specifically, the dealership’s attorney argues that no
valid contract was concluded due to the dealership’s failure to sign
the 'Contract of Sale' document. You have asked whether the
absence of the seller’s signature means that the prescribed mode of
acceptance was not complied with, and, if so, whether a valid
contract of sale was concluded. This opinion addresses those two
core issues.
2. The Prescribed Mode of Acceptance: Legal Principles
In terms of South African contract law, for a contract to be valid,
there must be a valid offer, a valid acceptance, and consensus
between the parties. Where an offeror prescribes a particular mode
of acceptance, such as signing a document, that mode must
generally be complied with for the contract to be valid, unless:
the prescribed mode is merely directory and not peremptory;
or
the offeror waives the prescribed method (waiver will not be
discussed in this opinion as per your instruction).
A prescribed mode of acceptance is considered peremptory if the
wording of the offer explicitly requires acceptance in a particular
