Oos Vrystaat Kaap Bedryf Bpk. v Van Aswegen (054/05) [2006] ZASCA 13; [2006] SCA 14 (RSA) (17 March 2006)

Oos Vrystaat Kaap Bedryf Bpk. v Van Aswegen (054/05) [2006] ZASCA 13; [2006] SCA 14 (RSA) (17 March 2006)

The Supreme Court of Appeal held that the clause in the contract did not constitute an irrevocable offer to sell maize at the stipulated price for 14 days. The clause merely allowed the purchaser to accept the offer within 14 days, but did not expressly or impliedly bind the seller to keep the offer open and not revoke it during that period. The purpose of the 14-day period was to provide the purchaser with an opportunity to consider the offer, but the seller retained the right to withdraw the offer before acceptance. The court found no evidence of a unilateral declaration of irrevocability, nor any communication of acceptance to the respondent before the offer was withdrawn. The appeal...

Citation
[2006] SCA 14 (RSA)
Parties
Appellant: Oos Vrystaat Kaap Bedryf Beperk; Respondent: Isabella Fredrika Johanna van Aswegen
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 March 2006
Case Number
054/05
Procedural Posture
Civil Appeal / Appeal From Bloemfontein High Court
Outcome
Appeal dismissed with costs.
Judges
Scott, Streicher, Navsa
Legal Topics
Contract Interpretation, Revocation of Offer, Irrevocable Offer, Contra Proferentem
Commercial and Corporate Contract Interpretation Revocation of Offer Irrevocable Offer Contra Proferentem

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Oos Vrystaat Kaap Bedryf Beperk

Appellant

Isabella Fredrika Johanna van Aswegen

Respondent

Procedural Posture

Civil Appeal / Appeal From Bloemfontein High Court

Legal Issues

  1. 1 Does the clause in the contract constitute an irrevocable offer to sell maize at a stipulated price for 14 days?
  2. 2 Is the seller bound not to revoke the offer within the 14-day period specified in the contract?

Ratio Decidendi

The Supreme Court of Appeal held that the clause in the contract did not constitute an irrevocable offer to sell maize at the stipulated price for 14 days. The clause merely allowed the purchaser to accept the offer within 14 days, but did not expressly or impliedly bind the seller to keep the offer open and not revoke it during that period. The purpose of the 14-day period was to provide the purchaser with an opportunity to consider the offer, but the seller retained the right to withdraw the offer before acceptance. The court found no evidence of a unilateral declaration of irrevocability, nor any communication of acceptance to the respondent before the offer was withdrawn. The appeal...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The respondent is not entitled to the costs of two counsel.