Theme 2 PT 2

Question 1

Hersch v Nel

Answer 1

Whether identity of Offeree is of any important to Offeror?

Question 2

Mokone v Tossos Properties CC

Answer 2

1) Preference contract need not comply with the formalities required for the main agreement.

2) Accepted that the same principles also apply to options.

Question 3

Soteriou v Retco Poyntons Ltd

Question 4

Associated SA Bakeries v Oryx

Answer 4

1) In the event that a seller concludes a contract of sale with a third party in
breach of a right of pre-emption, the holder [the holder of the right of pre-emption] may, through a unilateral declaration of intent, step into the position of the third party.

2) A contract of sale is then deemed to have been between the seller and the holder of the right of pre-emption

Question 5

Wissekerke en n Ander v Wissekerke

Answer 5

If grantor makes an offer to the grantee- then genuinely changes his mind about selling the property- grantor may withdraw the offer