Question
read the following two cases - Kok v Osborne 1993 (4) SA 788 (SE), and Allen v Sixteen Stirling Investments (Pty) Ltd 1974 (4) SA
read the following two cases - Kok v Osborne 1993 (4) SA 788 (SE), and Allen v Sixteen Stirling Investments (Pty) Ltd 1974 (4) SA 164 (D) and use notes or Hutchison & Pretorius (eds) The Law of Contract in South Africa 3 rd ed to answer the following scenario:
Xis one of ten people interviewed for a job which requires specialist skills and expertise, at company Y. All ten candidates were very keen to be employed at company Y, and at their job interviews for this position, they all signed a document titled "Offer of Employment", which included the terms of employment proposed. Subsequently, X received a "Letter of Acceptance" signed by the relevant authorised representative of company Y, informing her (X) that she is the successful candidate, and congratulating her on her appointment. X was also informed in this acceptance letter, that all the terms included in the "Offer of Employment" document which X signed, will apply to her employment with company Y. Based on this letter of acceptance, X then resigned from her employment in Durban, in order to take up her new position at company Y, in Johannesburg. She also then sold her house in Durban and made arrangements to have her furniture moved to her new home in Johannesburg. However, to her surprise, X thereafter received an apology letter from company Y, stating that the letter of acceptance was sent to her by mistake, and that it was intended to be sent to another person who was interviewed by the selection committee, as that person had the necessary skills and expertise required for the position. Company Y is of the view that because it made an administrative error and mistakenly sent the acceptance letter to X, a legally binding contract was not concluded between the parties. Advise X fully, whether an enforceable contract was concluded between her (X) and company Y. Apply the indirect approach of the courts and refer to relevant case law in your answer. Do not apply the Consumer Protection Act 68 of 2008 to this question. And also do not apply any Labour Law principles to this question.
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