Consumer Protection Act: Valid Offers and Notices

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Who can acceptance be made by?

The person to whom the offer was made

What is the term used when a person transfers the right of acceptance to a third party?

cession

Can an offer made to a specific person be accepted by someone else?

No

Is joint acceptance by multiple individuals permissible?

No Signup and view all the answers

What must a valid acceptance be?

A conscious response to the offer Signup and view all the answers

Is it possible to accept an offer if the party is unaware of its existence?

No Signup and view all the answers

What type of goods must be disclosed unambiguously in a valid offer according to the Consumer Protection Act?

Reconditioned goods and gray market goods Signup and view all the answers

What type of marketing practice is prohibited by section 31 of the Consumer Protection Act?

Negative option marketing Signup and view all the answers

What is the cooling off period provided for direct marketing offers made in the comfort of the consumer's home?

Consumers have a cooling off period as outlined in the Consumer Protection Act. Signup and view all the answers

What does section 32(1) of the Consumer Protection Act provide for products directly marketed to consumers outside of the supplier's usual place of business?

A cooling off period Signup and view all the answers

How long does the offeree have to rescind the contract in writing after conclusion or delivery of goods according to the Consumer Protection Act?

5 days Signup and view all the answers

What is the significance of plain and understandable language in a valid offer?

It must be in plain and understandable language. Signup and view all the answers

What must be complete for an offer to be retracted in an auction?

The offer must be complete when the hammer falls or upon any customer action for a bid. Signup and view all the answers

In auctions with reserve, what is required for a bid to be accepted?

The bid must be higher than the reserve price, which must be clearly stipulated in the notice of the auction. Signup and view all the answers

How does a counter offer affect the original offer in contract law?

A counter offer terminates the original offer and creates a new offer with different terms. Signup and view all the answers

What situation leads to the termination of an offer in contract law if either party dies?

The death of either the offeror or offeree terminates the offer. Signup and view all the answers

What happens when the auctioneer makes an offer to sell to the highest bidder in auctions without reserve?

The highest bidder accepts the offer from the auctioneer. Signup and view all the answers

How can offers be terminated in contract law?

Offers can be terminated by rejection, counter offer, death of either party, or upon the passage of a prescribed or reasonable time. Signup and view all the answers

What is the postal rule theory in contract law?

The postal rule theory states that an acceptance of a contract is deemed accepted when it is posted. Signup and view all the answers

Explain the reception theory in contract law.

The reception theory applies to contracts concluded by electronic means and states that a contract comes into being when the letter of acceptance is received. Signup and view all the answers

What is the information theory in contract law also known as?

The information theory is also known as the communication theory. Signup and view all the answers

What is the general rule in South Africa regarding the formation of contracts?

In South Africa, the general rule is to follow the information or communication theory, where a contract comes into being when the acceptance is communicated to the offeror's mind. Signup and view all the answers

What theory is applied to postal contracts?

The expedition theory is applied to postal contracts. Signup and view all the answers

What are the key pieces of information that catalog marketing agreements must provide to the consumer?

Supplier's name, license or registration number, physical address, and refund policy Signup and view all the answers

Which theory applies to agreements concluded by data message?

The perception theory applies to agreements concluded by data message. Signup and view all the answers

What is the general rule regarding contracts concluded with the public in response to offers?

Contracts are concluded with specific members of the public who respond to the offer. Signup and view all the answers

According to the Consumer Protection Act section 30 sub 1, what is prohibited in advertising goods and services?

Misleading or deceptive advertising of goods and services Signup and view all the answers

In the case of Crowley versus Reicks, what did the court determine about the advertisement for cheap tobacco?

It did not constitute a binding offer but rather an intention to sell at the advertised price. Signup and view all the answers

What did Smith Jay's observations on advertisements suggest about their nature?

An advertisement is not a valid offer, but rather an invitation to do business. Signup and view all the answers

What determines if a statement in an advertisement constitutes an offer?

The intention behind the statement or the reasonable impression it creates. Signup and view all the answers