The Agreement Must Be Physically Possible

When the parties conclude distance contracts, the question arises as to when and where the acceptance will take place. The general rule of South African law follows information theory, which requires an effective and conscious agreement between the parties, so that the agreement is only concluded when the bidder is aware of the supplier`s acceptance. The place or place of conclusion of the contract is usually the place where the acceptance is brought to the attention of the tenderer. With regard to the interpretation of exclusions of liability, indemnities and exemption clauses, the courts give effect to a language that explicitly and unambiguously exempts proferens from liability. However, if there is ambiguity, the language is interpreted against the professed – but a court cannot take on a tense or forced meaning to import a certain ambiguity.

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