PVL3702 PORTFOLIO MEMO - SEMESTER 2 - 2022 - OCT./NOV. - UNISA (WITH FOOTNOTES AND A BIBLIOGRAPHY)
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Course
PVL3702 - Law Of Contract
Institution
University Of South Africa (Unisa)
QUESTION 1
State the requirements for a valid offer and a valid acceptance. Do not discuss these requirements. And in your answer do not make any reference to the Consumer Protection Act 68 of 2008. [10]
QUESTION 2
Y meets Z on 1 July and hands Z a signed written offer (including all the mat...
pvl3702 portfolio memo semester 2 2022 octnov unisa with footnotes and a bibliography
question 1 page 7 of 8 state the requirements for a valid offer and a valid acceptance do not discus
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University of South Africa (Unisa)
PVL3702 - Law Of Contract
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QUESTION 1
State the requirements for a valid offer and a valid acceptance. Do not discuss
these requirements. And in your answer do not make any reference to the
Consumer Protection Act 68 of 2008. [10]
1. The acceptance must be unconditional and unequivocal. It stands to reason that
consent is possible only where the whole offer and nothing more or less is accepted.
When the acceptance contains conditions or reservations, it is no acceptance but in
fact a counter-offer which the original offeror may accept or reject in turn (Boerne v
Harris 1949 (1) SA 793 (A)). Where the purported acceptance is equivocal (ie not
positive and unambiguous) there is likewise no valid acceptance (Van Jaarsveld v
Ackerman 1975 (2) SA 753 (A)).
2. The offer must be accepted by the person to whom it was addressed The offer
cannot be accepted by anyone but the person to whom it was made (Bird v
Summerville 1961 (3) SA 194 A) However an offer addressed to the public in general;
any member of the public may accept it.
3. The acceptance must be a reaction to the offer – a person cannot accept an offer
which he is not aware This point is of special importance in reward cases as is aptly
illustrated by the case of Bloom v American Swiss Watch Co 1915 AD
4. The acceptance must comply with any formalities set by law or by the offeror Where
formalities are prescribed by law the acceptance must comply with such formalities for
a valid contract to arise (Brand v Spies 1960 (4) SA 14 (E)). The acceptance may
likewise require that acceptance must take a particular form, eg by requiring that it
must be communicated in a certain way.
QUESTION 2
Y meets Z on 1 July and hands Z a signed written offer (including all the material
terms), for the purchase of Z’s Rolex watch. Y’s offer is for R50 000 and one of
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