TITLE

THE DOCTRINE OF QUASI-MUTUAL ASSENT - HAS IT BECOME THE GENERAL RULE FOR THE FORMATION OF CONTRACTS? THE CASE OF PILLAY v SHAIK 2009 4 SA 74 (SCA)

AUTHOR(S)
Thejane, P.
PUB. DATE
December 2012
SOURCE
Potchefstroom Electronic Law Journal;2012, Vol. 15 Issue 5, p514
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the court case PILLAY v. SHAIK regarding the significance of doctrine of quasi-mutual assent. The article discusses the application of the doctrine of quasi-mutual assent to resolve the dispute in the Pillay v., Shaik case and offers some recommendations on how the Supreme Court of Appeal should have resolved the dispute and what would be the basis to justification to the application of the doctrine of quasi-mutual assent. It informs that doctrine is meant to aid in resolving disputes on the existence of an agreement. It also mentions several court cases in reference of the discussed case including Benson v. SA Mutual Life Assurance Society, Bloom v. American Swiss Watch Company, and Boerne v. Harris.
ACCESSION #
86142074

 

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