PVL3702
Assignment 1 Semester 1 2025
Detailed Solutions, References & Explanations
Unique number: 198635
Due Date: 7 April 2025
QUESTION 1 (3 ANSWERS PROVIDED)
In South African contract law, an acceptance is a clear and unambiguous declaration by the
offeree that he or she assents to all the terms of the offer. A contract is formed at the moment
when the acceptance becomes effective. The general rule, based on the information theory,
holds that acceptance takes effect only when it is communicated to the offeror (see Pillay v
Shaik 2009 (4) SA 74 (SCA)). In other words, a contract only comes into existence when the
offeror learns of the offeree’s acceptance.
Since Jill is the offeror in this case, the contract would ordinarily be concluded only when Jack
communicated his acceptance to Jill. However, Jill included a specific clause in the offer that
requires special attention.
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