It is a requirement in the South African Law of Contract
that, for a contract to come into existence, an offer to contract must be made
by one party to the agreement (“the offeror”), which must then be accepted by
the other party to the agreement (“the offeree”). It is pivotal to determine
when and where such a contract is concluded, as this will give an indication as
to which country’s system of law will govern the contract (assuming that all
other elements for a valid contract have been satisfied).