Question
Jack wants to sell his Yamaha speedboat. He approaches Jill, who sells speedboats for a living, and asks her if she is interested in buying
Jack wants to sell his Yamaha speedboat. He approaches Jill, who sells speedboats for a living, and asks her if she is interested in buying his Yamaha speedboat. Jill signs a written offer and submits it to Jack for the Yamaha speedboat for R200 000, in a document titled "Contract of Sale." The offer sets out all the relevant terms, and includes the following clause: "This offer is irrevocable and expires at noon on 5 March 2024, and upon signature by the seller will indicate his acceptance, as well as the conclusion of a valid contract of sale." On 4 March 2024 Jack signs the contract of sale document and he inserts the date of his signature therein, but he forgets to immediately inform Jill that he has done so. Only on 8 March 2024, Jack informs Jill of his acceptance. Jill indicates to Jack that her offer lapsed on 5 March 2024, and that Jack did not inform her of his acceptance timeously. Jill further informs Jack that she no longer wants to purchase the Yamaha speedboat. Jack approaches you for legal advice. Do a detailed analysis and application of the offer and acceptance requirements and advise Jack if there is a legally binding contract between him and Jill. You must also advise Jack about his concern that he only informed Jill after 5 March 2024, that he accepted Jill's offer. Discuss fully. Do not apply the Consumer Protection Act 68 of 2008 to this question.
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