Civil law Flashcards
(15 cards)
What is an offer in the context of contract law?
A proposal to contract from offeror to offeree.
What does ‘animo contrahendi’ mean?
The intention to create a legal relationship.
What are the requirements for a valid offer?
- Firmness
- Completeness
- Clarity and certainty
What must an offer contain to be considered complete?
All the material terms.
What is the significance of clarity and certainty in an offer?
The offeree must merely need to say ‘yes’.
What does the Consumer Protection Act 68 of 2008 require for offers?
- Plain and understandable language
- Disclosure of reconditioned or gray market goods
- Prohibition of negative option marketing
- Cooling-off period for direct marketing
- Regulation of catalogue marketing
What are the ways an offer can be terminated?
- Rejection of the offer
- Death of either party
- Effluxion of time
- Revocation of the offer
- Loss of capacity to act
What is acceptance in contract law?
A clear and unambiguous declaration of intention by the offeree.
What must acceptance be in order to be valid?
- Unqualified
- By the person to whom the offer was made
- A conscious response to the offer
- In the form prescribed by the offeror
What is the ‘mirror image rule’?
Acceptance must exactly match the terms of the offer.
What is a qualified acceptance?
A counter-offer.
What is ambiguous acceptance?
Acceptance that is unclear or uncertain.
What is the duration of an offer under Roman-Dutch law?
At least two months.
What is the duration of an offer under South African law if not specified?
A reasonable period.
True or False: A person can accept an offer of which they are unaware.
False.
