An offer was made by Jack from the Netherlands (Amsterdam) to Daniels, a South
African from Gauteng. The offer was accepted and duly posted on the 20/04/2024. On
the 21st of April 2024, Jack (the offeror) decided to withdraw his offer and phoned
Daniels (the South African) to inform him accordingly. Daniels (the South African
offeree) is convinced that a valid contract was concluded, because the place where
the letter of acceptance was posted will determine the validity of the contract. Contrary
to this, Jack (the offeror from the Netherlands) argues that the message to revoke
reached Daniels (the offeree) long before he himself received the letter of acceptance
– the contract, therefore, never came into existence. Fully advise Daniels on the
solution available to him and the phenomenon shown by the facts. use relevant legislation
In this scenario, the issue at hand revolves around whether a valid contract was formed between Jack (the offeror) and Daniels (the offeree) before Jack attempted to revoke his offer. According to the postal rule, which applies to acceptances sent through the mail, an acceptance is validly communicated as soon as it is posted.
However, it is important to note that an offeror has the right to revoke their offer at any time before the offer is accepted, provided that the revocation is communicated effectively to the offeree. In this case, Jack claims that he communicated the revocation of his offer to Daniels before he received the letter of acceptance, which would indicate that the contract was never formed.
In order to advise Daniels on the situation, it is important to take into consideration relevant legislation. In this case, the principles of offer and acceptance as well as communication of revocation outlined in the Common Law would apply.
Given the conflicting arguments put forth by Jack and Daniels, it may be necessary for Daniels to seek legal advice to determine the best course of action. If the revocation of the offer was not effectively communicated to Daniels before he accepted the offer by posting his acceptance, then a valid contract may have been formed. On the other hand, if Jack's revocation was effectively communicated before acceptance, then the contract would not have come into existence.
Ultimately, the resolution of this issue would depend on the specific circumstances of the case and how the relevant legal principles are applied. Daniels should consider consulting with a legal professional to determine the best course of action moving forward.