Theme 2 PT 1

Question 1

McWilliams v First Consolidated Holdings

Answer 1

Silence can signify agreement where previous dealins between the parties mase it reasonable to interpret a failure to respond as an acceptance of an offer.

Question 2

Crawley v Rex

Answer 2

The advertisement did not constitute a
binding offer that the customer could accept, but was merely an announcement of the shopkeeper’s intention to sell at the
advertised price

Question 3

Pharmaceutical Society of Great Britain v Boots Cash Chemist

Answer 3

Who makes an offer in supermarkets?
The CUSTOMER MAKES an offer to purchase for payment.

Question 4

Bloom v American Swiss Watch

Answer 4

1) The offer had not been accepted by the
first person who supplied information to the police
because he had at the time been unaware of the offer.

2) Parties who agree must be aware of their agreement.

Question 5

Bird v Summervile and Another

Answer 5

1) Where a prospective seller makes an offer to a specific person, without
intending to make an offer which could be accepted by anyone at all,
and the offer is accepted by such person and another as joint purchasers, there is no concluded contract of sale

Question 6

Cape Explosive Works Ltd

Answer 6

1) For contracts concluded by post, South African courts apply the expedition theory as an exception to the information theory

2) The expedition theory holds that a contract concluded by post is formed when and where the offeree posts the
letter of acceptance