You are the presiding officer in this ma...

Asked by Anonymous on 29-05-2024 01:04:39
Question posted in the General Law category relating to Eastern Cape

You are the presiding officer in this matter. Present your finding (your judgment/ decision) in an explanation that does not exceed 400-600 words. Highlight the issue, briefly refer to the facts and apply the law to come to your conclusion. The idea is to produce a well-crafted judgment which reflects the appropriate content whiledisplaying a high grammatical and linguistic quality. Use proper paragraphs and present a coherent and logical document. You should also list your references at the conclusion of the argument. The Applicant submitted the following: The parties concluded a valid and enforceable agreement. Consensus was reached on the material terms of the contract.The applicant was invited by the respondent's representatives to submit a quotation.The parties agreed on everything except the subject matter and the delivery, and the applicant was invited to come sign the agreement. The signing of the written contract by the respondent's authorised person was never a condition precedent to the conclusion of the purchase and sale agreement.The respondent's difference of opinion regarding the payment was never declared to the applicant.There has always been a common understanding that the parties are ad idem. The letter of repudiation refers to the signature and reconsideration as a basis for the respondent's return to its previous position not its difference in opinion.The Respondent submitted:There was no final agreement reached between the parties although there was a draft agreement with a contract number.The respondent's representative, Mr Khoza, who had negotiated the agreement with the representative from the Applicant, at no point suggested to the Applicant’s representative that the agreement was a done deal and that signature by the authorised person (Mr King) was a mere formality

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