PVL3702
Assignment 1 Semester 1 2025
Unique Number: 198635
Due Date:7 April 2025
QUESTION 1 (3 ANSWERS PROVIDED)
The wording of Jill’s offer is crucial in determining whether Jack’s acceptance was valid.
The clause states that the offer expires at noon on 5 March 2024 and that acceptance is
effective upon signature by the seller. Unlike a typical contract where acceptance must be
communicated to the offeror, the express wording of this clause implies that Jack’s act of
signing, not his subsequent communication of that fact, was the moment when acceptance
took effect.
The case of Pillay v Shaik 2009 (4) SA 74 (SCA) supports the principle that where an
offeror prescribes a specific mode of acceptance, that prescribed mode governs the
acceptance process. In this instance, Jill prescribed that Jack’s signature—not his
communication of it—would result in a concluded contract.
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