Question
Pandelani is a farmer just outside East London and he is interested in buying another tractor but can only afford a second hand one. He
Pandelani is a farmer just outside East London and he is interested in buying another tractor but can only afford a second hand one. He comes across an advert placed in the Farmer's Weekly magazine by Wouter, who resides in Gqeberha, to sell his secondhand John Deere CX60. Pandelani emails Wouter to enquire about the availability of the tractor and Wouter replies that it is still available, after which Pandelani makes an offer. Wouter emailed Pandelani his letter of acceptance on the 20th May 2019. Wouter's email enters Pandelani's email account also on the 20th May 2019. On the 25th May 2019, Pandelani logs into his email account while at a prestigious sheep auction in Bloemfontein and reads Wouter's email of acceptance.
Q.4.1 Does the advertisement by Wouter in the Farmer's weekly amount to an offer?
Q.4.2 Explain the difference in legal consequences between an option and a right of first refusal.
Q.4.3 With reference to the set of facts, evaluate whether the requirements of a valid acceptance have been met.
Q.4.4 Which theory would be applied to determine the time and place of the conclusion of the contract between Pandelani and Wouter?
Q.4.5 Refer to your answer in Q.4.4 above. Indicate when and where the contract between Pandelani and Wouter came into existence.
Q.4.6 Assume that Wouter accepted Pandelani's offer telephonically on 25 May. Indicate which theory would apply to determine the time and place of conclusion of the contract.
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