Auction Conditions and Offers

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Questions and Answers

In auctions with reserve, what must the bid be higher than?

  • The reserve price (correct)
  • The auctioneer's commission
  • The starting bid
  • The estimated value of the item

When is an offer considered accepted in an auction?

  • When the auctioneer announces the item sold
  • When the highest bidder makes a payment
  • When the hammer falls (correct)
  • When the auction begins

What happens when a counter offer is made in contract law?

  • It invalidates the original offer
  • It creates a new offer with different terms (correct)
  • It extends the validity of the original offer
  • It leads to an immediate sale

What act outlines requirements for notice and auctioneer/owner participation in bids for auctions with reserve?

<p>Consumer Protection Act, Section 45.4 (A)</p> Signup and view all the answers

How are offers terminated in contract law?

<p>By counter offer (A)</p> Signup and view all the answers

What determines when offers may be terminated?

<p>The time elapsed since the offer was made (B)</p> Signup and view all the answers

What is the 4th requirement for a valid acceptance in contract law?

<p>Specific form prescribed by the offeror (C)</p> Signup and view all the answers

In contract law, who is the one that sets the terms for acceptance?

<p>Offeror (C)</p> Signup and view all the answers

What theory states that a contract comes into being at the place where the letter of acceptance was posted?

<p>Expedition theory (C)</p> Signup and view all the answers

When does a contract come into being according to the declaration theory?

<p>At the place and time when acceptance is expressed (A)</p> Signup and view all the answers

What is crucial in determining if a prescribed method of acceptance is the only method in a contract?

<p>Timing of acceptance (B)</p> Signup and view all the answers

Which theory is particularly relevant to postal contracts in South African law?

<p>Expedition theory (C)</p> Signup and view all the answers

What is the second requirement for acceptance of an offer?

<p>The acceptance must be made by the person to whom the offer was directed. (C)</p> Signup and view all the answers

In the context of option contracts, what is the process known as when a person transfers the right of acceptance to a third party?

<p>Sessionary (B)</p> Signup and view all the answers

What was established in the case of Baird versus Somerville and another regarding offers made to specific persons?

<p>An offer made to a specific person can only be accepted by that specific person. (A)</p> Signup and view all the answers

Why could the respondent in the case of Blum versus the American Swiss Watch Company not recover a reward offered by the company?

<p>Because they provided information without being aware of the existence of the reward offer. (D)</p> Signup and view all the answers

What requirement does the text emphasize regarding acceptance in order for a contract to be formed?

<p>Both parties must be aware of the offer and consciously accept it. (A)</p> Signup and view all the answers

Why is joint acceptance by multiple individuals not permissible as per the text?

<p>It violates legal principles of acceptance. (B)</p> Signup and view all the answers

According to the postal rule theory, when is an acceptance of a contract deemed to be accepted?

<p>At the place and time when it was posted (D)</p> Signup and view all the answers

In South Africa, in general, when does a contract come into being according to the prevailing theory?

<p>When the acceptance is communicated to the offeror's mind (A)</p> Signup and view all the answers

What is true about the termination of an offer?

<p>A contract is deemed concluded if the offeree accepts the offer before being aware of the revocation. (B)</p> Signup and view all the answers

Which theory applies to contracts concluded by electronic means?

<p>Reception theory (D)</p> Signup and view all the answers

For contracts concluded by telephone or fax, which theory is followed according to South African law?

<p>Information theory (A)</p> Signup and view all the answers

What is required for a valid acceptance according to the text?

<p>It must be unqualified and clear assent to all terms in the offer. (D)</p> Signup and view all the answers

Which theory applies to agreements concluded by data message?

<p>Perception theory (C)</p> Signup and view all the answers

When does revocation of an offer become effective?

<p>Once it has been communicated to the offerer. (B)</p> Signup and view all the answers

What is the exception to the general rule in South Africa regarding when a contract comes into being?

<p>Contracts concluded by post (C)</p> Signup and view all the answers

What happens if an acceptance contains new terms different from the original offer?

<p>It does not constitute a valid acceptance and no contract is concluded. (B)</p> Signup and view all the answers

Under what circumstances can an offer be terminated by revocation?

<p>When the offeree has already accepted the offer. (C)</p> Signup and view all the answers

What can lead to a termination of an offer based on legal capacity?

<p>The offeror losing legal capacity before the offeree accepts. (C)</p> Signup and view all the answers

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