Dietrichsen v Dietrichsen [1911] ZATPD 82 (9 June 1911)

Sale - Writing - Procl.8 of 1902, sec.30 - Contract - Formation - Acceptance - Communication

A document in form a declaration of sale was drawn up between certain parties with the intention that it should be a preliminary to a formal written contract of sale. This document was signed by all the parties, except one to whom it was entrusted for the purpose of having a formal contract drafted.

Held, that thereafter that party could not convert such preliminary document into a contract of sale within the meaning of Procl.8 of 1902, sec.30, by merely signing it.

In order to turn an olfer into a consensual contract, apart from special agreement, the offer must not only be accepted, but the acceptance must be communicated to the offeror within a reasonable time after the offer has been made, and before such offer has been withdrawn.