PVL3702 assign 1 semester 2 (2025)
PVL3702 ASSIGNMENT 01 QUESTION: 2025 (SEMESTER 2) 26 August 2025 LEGAL OPINION FOR SHANE: MODE OF ACCEPTANCE IN CONTRACT LAW Introduction This legal opinion addresses the issue of whether a valid contract of sale was concluded between Shane and Porsche Johannesburg, specifically focusing on whether the prescribed mode of acceptance was complied with. All other legal issues, including waiver, breach of contract, and the Consumer Protection Act, are excluded from this discussion. Relevant Legal Principles In South African contract law, a valid contract is concluded when there is a clear offer and an unequivocal acceptance communicated in the prescribed manner (if one is stipulated). The general principle is that where a specific mode of acceptance is prescribed by the offeror or within the contract document, such acceptance must comply with that mode for the contract to be binding, unless the mode is intended to be directory (i.e., not mandatory). However, courts also look at the intention of the parties and the conduct following the offer to determine…
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