Two Commercial law students, Amos and Benn, hike the Drakensberg on a very cold day. They are friends. Amos has a bottle of water in his backpack and Benn has a flask of hot chocolate. When they reach the top of the mountain, an exhausted Benn exclaims jokingly: ‘Amos, I am freezing. I will even trade my expensive hiking boots for a sip of your hot chocolate!’. Amos shares his hot chocolate with Benn. The friends descend the mountain. When they reach the end of the hiking trial, Amos demands Benn’s hiking boots. Benn is amazed and refuses to hand his hiking boots over to Amos.

Choose the INCORRECT statement.

Question

Two Commercial law students, Amos and Benn, hike the Drakensberg on a very cold day. They are friends. Amos has a bottle of water in his backpack and Benn has a flask of hot chocolate. When they reach the top of the mountain, an exhausted Benn exclaims jokingly: ‘Amos, I am freezing. I will even trade my expensive hiking boots for a sip of your hot chocolate!’. Amos shares his hot chocolate with Benn. The friends descend the mountain. When they reach the end of the hiking trial, Amos demands Benn’s hiking boots. Benn is amazed and refuses to hand his hiking boots over to Amos.  
 
 Choose the  INCORRECT  statement.

Answer

Benn did not make a valid / real offer.

Answer

If Benn’s intention to joke was not expressly articulated, it had to be deduced from his declaration and the surrounding circumstances.

Answer

An ‘offer’ made jokingly cannot be accepted because it is not made with the intention of being legally binding upon the acceptance thereof.

Answer

There is a valid contract between Amos and Benn.

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Two Commercial law students, Amos and Benn, hike the Drakensberg on a very cold ...

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