Law251: Foundations of

Business Laww
Offer and Acceptance

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 Offer and acceptance
Do we need ‘consideration’? Contrast: animus contrahendi:
Conradie v Rossouw

Should contracts be in writing?

See TIM’S Lock and Key (Pty) Ltd v Jones and Another
Does silence amount to acceptance? Ans: No
Does silence amount to acceptance in an existing relationship? Ans: Yes.
Alemayehou v The Director of Public service Management and Others

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 Acceptance
• Acceptance is an assent expressing the offeree’s consent (animus contrahendi) to
the offer in terms of the content of the offer addressed to the offeree. The
acceptance should mirror the terms of the offer and any change in its contents
would amount to rejection or counter-offer. E.g., Watermeyer v Murray
Nindi v University of Botswana
• Who can accept? Acceptance can only be made by the party (offeree) to whom
the offer is addressed by the offeror.
• How made: by any possible means of communication- but if the offeror
prescribes a certain modality of acceptance, it should be complied with.

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 […]
• Where there is a pending offer, a contract is concluded where acceptance is made
by the offeree.
• The question is: When and where is the contract concluded?
• (1) Communication through the POSTAL SYSTEM
• (1) Doctrine of Mailbox Rule/ Dispatch Rule
• (2) Doctrine of Reception