Pillay and Another v Shaik and Others (006/08)
Pillay and Another v Shaik and Others (006/08) [2008] ZASCA 159; 2009 (4) SA 74 (SCA) ; [2009] 2 All SA 435 (SCA) (27 November 2008)
The Supreme Court of Appeal held that, in the absence of a statutory requirement or a pre-existing agreement prescribing signature as a condition for contractual validity, the conduct of the respondents, through their attorneys and agents, induced the appellants to reasonably believe that binding contracts had been concluded. The doctrine of quasi-mutual assent applies where the offeree's conduct leads the offeror to believe acceptance has occurred, even if the prescribed mode of acceptance (signature) was not followed. The evidence showed that the respondents' agents received deposits, alloc…
Source excerpt
- Contract Formalities
- Quasi Mutual Assent
- Sale Of Members Interest
- Alienation Of Land Act
- Specific Performance
- Binding Effect Of Conduct