M.M obo A.M v Kgopana (3941/2016)
M.M obo A.M v Kgopana (3941/2016) [2018] ZALMPPHC 29 (29 June 2018)
The court found that the Defendant's WhatsApp message constituted a clear and unequivocal offer to pay R1,000,000 to the Plaintiff for the benefit of the minor child, conditional upon winning the lottery—a condition that had already been fulfilled. The Plaintiff accepted the offer, and the surrounding circumstances supported the conclusion that a reasonable person in her position would have understood the message as a genuine undertaking. The Defendant's conduct, including his mendacity and attempts to conceal the lottery winnings, undermined his credibility. The court applied the objective t…
Source excerpt
- Contract Formation
- Animus Contrahendi
- Enforceability Of Undertakings
- Objective Intention
- Maintenance Settlement