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Pvl3702
- Course
- LAW OF PERSONS (PVL3702)
- Institution
- University Of South Africa (Unisa)
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ASSIGNMENT: 01SEMESTER 02
MODULE: PVL3702
UNIQUE NUMBER: 889256
STDUENT NO: 61207896
STUDENT NAME: EBIOKENG NELSON A
DUE DATE: 18th March 2021
, 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 acceptance1.
The following are the requirements for a valid contract to have come into being:
1. There must be a consensus in the minds of both parties on the material
aspects of the agreement in question2. In this case both X and Y agreed
to the terms of the contract. Y agreed to the terms of the contract by
posting his letter of acceptance to X.
2. Both parties must have the capacity required to contract. From the facts
in the case Y have the capacity to enter into a contract of employment
since a “Letter of Acceptance” signed by the relevant authorized
representative of company Y. X appear to have contractual capacity.
3. If the agreement is required to be in a specific form, these formalities must
be met.3 Y posted a Letter of Acceptance, signed by the relevant
authorized representative, to X which represented an offer to enter into
the contract of employment. When X agreed to the terms of the contract,
signed a document title “Offer of Employment”. Thus, all formalities were
adhered to.
1
Hutchison and Pretorius Contract 50, 57 and 58
2
Hutchison D and Pretorius C The of contact in South Africa 3rd ed (Oxford University Press Southern Africa 2017)
1.8.1
3
Hutchison D and Pretorius C The of contact in South Africa 3rd ed (Oxford University Press Southern Africa 2017)
1.8.3
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