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PVL3702 EXAM PACK 2025
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PVL3702 Oct
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Nov 2023
LAW OF CONTRACT MAY EXAM – S1 2024
by
________________________________
STUDENT NUMBER: __________________
Submitted in partial fulfilment of the requirements for the degree
LLB
UNIVERSITY OF SOUTH AFRICA
EXAMINERS: Adv R Ismail & Prof CJ Pretorious
MODULE CODE: PVL3702
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PVL3702 Oct
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DUE DATE: 10 MAY 2024
QUESTION 01
The esse of this problem is the question of whether Jack
had concluded a valid contract of sale with Jill – thus
whether the parties have reached actual consensus or
ostensible consensus.
1.1 The requirements for a valid offer:
(a) Must be firm - that is to say, with the intention that its
acceptance will call into being a binding contract.
(b) Must be complete - it must contain all the material
terms of the proposed agreement.
(c) Must be clear and certain - it should be enough for
the addressee to answer merely “yes” for a contract to
come into being.
1.2 Requirements for a valid acceptance:
(a) Must be unqualified - it must be a complete and
unequivocal assent to every element of the offer.
(b) Must be by the person to whom the offer was made – in
the case of Bird v Summerville, the court held that the
offer to sell farm to A can only be accepted by A
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not by A and B jointly.
(c) Must be a conscious response to the offer – in the case
of Bloom v American
Swiss Watch Co. the court held that the A cannot accept
an offer that he/she was not aware of it.
(d) Must be in the form prescribed by the offeror, if any – in
the case of Pillay v Shaik, the court applied the “reliance
theory” to solve the issue where “acceptance did not
take place in accordance with the prescribed mode of
acceptance, but where the offeree leads the offeror to a
reasonable belief that a prescribed form of acceptance
has in fact been complied with”.
1.3 Legal issue:
The legal issue we are dealing with in this scenario is the
fact that “acceptance did not take place in accordance
with the prescribed mode of acceptance”, thereby, Jack
failed to immediately inform Jill that he has accepted the
offer. Therefore, we must examine the different modes of
acceptance. Acceptance of an offer can take effect in the
following modes:
1. Inter preasentes – that is immediately, where parties
contract in each other's presence.
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