Seeff Commercial and Industrial Properties (Pty) Ltd v Silberman (304 / 98)
Seeff Commercial and Industrial Properties (Pty) Ltd v Silberman (304 / 98) [2001] ZASCA 36; [2001] 3 All SA 133 (A); 2001 (3) SA 952 (SCA) (26 March 2001)
The Supreme Court of Appeal held that a contract was concluded between the parties in September 1994 on the terms set out in Annexure A1, as amended by paragraph 1 of A5 regarding price increases for materials. The court found that the respondent's silence and subsequent conduct amounted to tacit acceptance of the counter-offer, and that the appellant proceeded with the project on this basis. The court rejected the appellant's argument that express communication of acceptance was required, noting that the circumstances and commercial practice justified an inference of acceptance. The appeal w…
Source excerpt
- Contract Formation
- Tacit Acceptance
- Counter Offer
- Pleading Defects
- Project Management Agreement