Oos Vrystaat Kaap Bedryf Bpk. v Van Aswegen (054/05) [2006] ZASCA 13; [2006] SCA 14 (RSA) (17 March 2006)
Court
Supreme Court of Appeal
Case number
054/05
Judges
Scott, Streicher, Navsa
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,…
Oos Vrystaat Kaap Bedryf Beperk v Van Aswagwen (3016/2003) [2004] ZAFSHC 141; 2005 (4) SA 417 (O) (9 September 2004)
Court
Free State High Court, Bloemfontein
Case number
3016/2003
Judge
C.H.G. Van der Merwe
The court found that the plaintiff failed to prove, on a balance of probabilities, that the contract document constituted an irrevocable offer for 14 days or that an option contract was concluded. The wording of clause 21 did not amount to an offer to keep the offer open, but rather set a period for acceptance. The defendant's husband, Mr Van Aswegen, was found to have had authority to sign the contract document on her behalf, either expressly or tacitly, but the offer was revoked before acceptance. The revocation was communicated to the plaintiff's representative, Mr Steyn, prior to the plai…