This document is to be used for comparison, research and reference purposes only.
Directly submitting and/or reselling/distribution / reproduction any part of this document is not permitted.
, PREVIEW OF:
Assignment 1
Question 1:
Advise X fully, whether an enforceable contract was concluded between her (X) and company Y.
Apply the indirect approach of the courts and refer to relevant case law in your answer. Do not
apply the Consumer Protection Act 68 of 2008 to this question.
Answer:
An enforceable agreement was concluded, based on the application of the doctrine of quasi-mutual
assent. The general rule is that a contract comes into being only when the acceptance is
communicated to the mind of the offeror. The information theory, which is the general rule in our
law, states that the agreement is concluded when and where the offeror learns or is informed of the
acceptance – in other words, when the offeror reads the letter of acceptance…
_________________________________________
PREVIEW OF:
Assignment 2
Question 1:
1. 3
(Prescribed book pages 34-35)
The law of contract forms part of private law and, more particularly, the law of obligations.
2. 1
(Prescribed book pages 88)
Being a contract in its own right, the option must clearly satisfy all the requirements for a
valid contract, including the requirement of consensus. That means that the formation of an
option contract may be analysed in terms of offer and acceptance.
This document is to be used for comparison, research and reference purposes only. Directly
submitting and/or reselling/ distribution / reproduction any part of this document is not permitted.
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