PVL3702
ASSIGNMENT 1
SEMESTER 2 2026
UNIQUE NO. 276320
DUE DATE: 4 SEPTEMBER 2026
, Law of Contract - PVL3702
Assignment 1 Semester 2 2026
The issue is whether a valid contract for the sale of Jack’s original Table Mountain
painting was concluded between Jack and Peter, or subsequently between Jack and
Peter and Themba. The enquiry must be determined according to the principles
governing offer and acceptance.
Jack initially made Peter a legally valid offer to purchase the painting for R600 000. An
offer is a serious proposal, made with the intention that acceptance will result in a
binding agreement, and must contain sufficiently definite terms. However, an offer does
not bind the offeree merely because it has been made. It must still be accepted in
accordance with its terms. In Command Protection Services (Gauteng) (Pty) Ltd t/a
Maxi Security v South African Post Office Ltd 2013 (2) SA 133 (SCA), the court
confirmed the importance of determining objectively whether an offer was made and
whether there was a corresponding acceptance resulting in consensus between the
parties.
Peter did not accept Jack’s offer. Instead, he informed Themba of it and, after Themba
viewed the painting, Peter and Themba jointly informed Jack that they wished to
purchase the painting for R600 000, contributing R300 000 each. This proposal differed
materially from Jack’s original offer because the proposed purchasers were now Peter
and Themba jointly rather than Peter alone. Their communication therefore constituted
a new offer or counter-offer, rather than an acceptance of Jack’s original offer.
Consequently, no contract arose between Jack and Peter on the basis of Jack’s original
offer.
Jack did not immediately accept Peter and Themba’s proposal. He requested seven
days to consider it, and they agreed to this. Jack’s request for time did not itself
constitute acceptance. The agreement to allow him seven days merely postponed the
period within which he could communicate his decision; it did not create a contract of
sale.
ASSIGNMENT 1
SEMESTER 2 2026
UNIQUE NO. 276320
DUE DATE: 4 SEPTEMBER 2026
, Law of Contract - PVL3702
Assignment 1 Semester 2 2026
The issue is whether a valid contract for the sale of Jack’s original Table Mountain
painting was concluded between Jack and Peter, or subsequently between Jack and
Peter and Themba. The enquiry must be determined according to the principles
governing offer and acceptance.
Jack initially made Peter a legally valid offer to purchase the painting for R600 000. An
offer is a serious proposal, made with the intention that acceptance will result in a
binding agreement, and must contain sufficiently definite terms. However, an offer does
not bind the offeree merely because it has been made. It must still be accepted in
accordance with its terms. In Command Protection Services (Gauteng) (Pty) Ltd t/a
Maxi Security v South African Post Office Ltd 2013 (2) SA 133 (SCA), the court
confirmed the importance of determining objectively whether an offer was made and
whether there was a corresponding acceptance resulting in consensus between the
parties.
Peter did not accept Jack’s offer. Instead, he informed Themba of it and, after Themba
viewed the painting, Peter and Themba jointly informed Jack that they wished to
purchase the painting for R600 000, contributing R300 000 each. This proposal differed
materially from Jack’s original offer because the proposed purchasers were now Peter
and Themba jointly rather than Peter alone. Their communication therefore constituted
a new offer or counter-offer, rather than an acceptance of Jack’s original offer.
Consequently, no contract arose between Jack and Peter on the basis of Jack’s original
offer.
Jack did not immediately accept Peter and Themba’s proposal. He requested seven
days to consider it, and they agreed to this. Jack’s request for time did not itself
constitute acceptance. The agreement to allow him seven days merely postponed the
period within which he could communicate his decision; it did not create a contract of
sale.
