any of the said requirements is not present or doubt exists as to the genuineness thereof, it may be declared void or voidable by a court of law.110 2.3.2.1 Consensus The question of whether a contract exists, depends on whether there is an agreement or consent of two or more parties.111 An agreement is reached when the parties consent to be bound by contractual obligations.112 The agreement as an essential element of a contract, must be true agreement in the sense of meeting of the minds or coincidence of the wills of the contracting parties, that is referred to as consensus ad idem.113 The case of SAR & H v National Bank of South Africa Ltd114 enunciated the principle that consensus ad idem entails that the law does not concern itself with the working of the minds of parties to a contract, but with the external manifestation of their minds, parties shall be bound by a contract in so far as there is actual meeting of the minds, and consensus is normally evidenced by offer and acceptance. 115 Consensus cannot be obtained through improper means.116 The quasi mutual assent doctrine has been expressly adopted as part of South African Law. 117 In the unanimous decision of Pieters & Co v Salomon, 118 which found application in Sonap Petroleum (SA) (Pty) Ltd v Papadogianis,119 the doctrine was canvassed in the following terms: “…If whatever a man’s real intention may be, he so conducts himself that a reasonable man would believe that he was assenting to the terms proposed by the other party, and that other party upon that belief enters into the contract with him, the man thus conducting himself would be equally bound as if he had intended to agree to the other party’s terms.” 110 (Snail 2008: 5). Christie (2001: 23); Ismail, R. (2015) “Complexities with the formation of a contract: Command Protection Services (Gauteng) (Pty) Ltd t/a Maxi Security v South Africa Post Off Ltd 2013 2 SA 133 (SCA) ” 78 THRHR 148 at 161. 112 Reid Bros (SA) Ltd v Fischer Bearings Co Ltd 1943 AD 232 at 241. 113 Christie (2001: 12); Van Der Merwe (2003: 19); Lubbe, GF. (1998) “Farlam and Hathaway contracts cases, material and commentary,” 3 rd ed, 20. 114 SAR & H v National Bank of South Africa Ltd 1924 AD 704 at 715. 115 Estate Breet v Peri-Urban Areas Health Board 1955 (3) SA 523 at 532. 116 Jason, MCJ. (2004) “The legal consequences of electronic contract” 25. 117 Pieters & Co v Salomon 1911 AD 121 at 137. 118 Smith v Hughes 1871 LR 6 QB 597 at 607. 119 Sonap Petroleum (SA) (Pty) Ltd v Papadogianis 1992 (3) SA 234. 111 13