PVL3702 Assignment 1 Semester 2 2025 (148712) Due 26 August 2025

PVL3702
Assignment 1
Semester 2
Unique No: 148712
Due 26 August 2025

, PVL3702

Assignment 01

Semester 2

Unique Number: 148712

Due 26 August 2025




Legal Opinion: Prescribed Mode of Acceptance and Contract Formation

Issue


The central issue is whether a valid contract of sale was concluded between Shane and
Porsche Johannesburg, despite the seller’s authorized representative not signing the
‘Contract of Sale’ document. Specifically, the question is whether the prescribed mode
of acceptance was complied with, and if not, whether the conduct of the seller
nonetheless gave rise to a binding agreement.

Prescribed Mode of Acceptance
The contract document provided space for the signature of the seller’s authorized
representative, suggesting that a signature was the prescribed mode of acceptance.
Under South African contract law, when a specific mode of acceptance is expressly
prescribed, compliance is generally required for acceptance to be effective (Kerr, The
Principles of the Law of Contract, 2002). In this case, the omission of the seller’s
signature prima facie indicates that the acceptance was not effected in the manner
prescribed.

However, this rule is not absolute. Courts have recognized that, in appropriate
circumstances, the absence of formal acceptance may be cured by conduct indicating
agreement. The question is therefore whether the seller’s conduct constituted valid
acceptance, notwithstanding the absence of a signature.