Insurance renewal not concluded by emails in the absence of clear acceptance (Aus)

By Patrick Bracher (ZA) on June 16, 2020 Posted in Insurance

When a fire and other perils policy came up for renewal on 24 August 2018, the insurer and the insured’s broker exchanged emails regarding renewal terms and hold-covered arrangements. The Victoria Supreme Court in Australia found that cover had not been renewed nor extended because the insured had not unequivocally accepted the renewal terms nor … Continue reading

Leaving a settlement offer open for acceptance

By Patrick Bracher (ZA) on February 6, 2017 Posted in Drafting tips

A South African law contract comes into being when an offer to contract is accepted by the other party. If the response does not accept the offer according to its specific terms but suggests changes, this is a counter-offer. The offer itself is considered rejected and lapses. This is South African law as well as … Continue reading

A clear offer and unconditional acceptance is necessary to make a contract

By Patrick Bracher (ZA) on July 31, 2014 Posted in Drafting tips

Acceptance must correspond with the offer in all material respects. When parties are negotiating a contract, an offer made by one party lapses if it is rejected by the other party. If the offeree makes a counteroffer, that amounts to a rejection of the original offer. A binding contract can only be brought about by … Continue reading