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5 Written Questions

5 Matching Questions

  1. Innocent misrep
  2. Warranties
  3. cases regarding caveat subscriptor
  4. Fraudulent misrep
  5. what renders a contract voidable
  1. a Dlovo v Brian Porter Motors Ltd (misleading other party as to the nature/content of document) AND Spindrifter(Pty) Ltd v Lester Donovan (failure to point out crucial terms of the contract (iustus error))
  2. b misrepresentor genuinely believes representation to be true but in situation where a reasonable person would NOT first have taken steps to verify accuracy
  3. c when the misrepresenter knows the falsity of representation or knowing that it might be false
  4. d misrep, undue influence, duress
  5. e type of term in which one party guarantees the truth of a particular statement made

5 Multiple Choice Questions

  1. restutio integrum but if fraudulent/negligent,claim financial damages
  2. the other party knew or should have known that the mistaken party was indeed mistaken or the non-mistaken party induced the mistake by misrepresentation
  3. Error in negotio, error in corpore and error in persona
  4. One party threatens or intimidates the other party into entering into the contract
  5. 1.Property with peculiar characteristics which seller knows will disincline people from buying 2. where statement was true the time it was made but no longer true the time the contract is entered into

5 True/False Questions

  1. requirements for duressrestutio integrum but if fraudulent/negligent,claim financial damages

          

  2. unilateral mistakemistaken party would have chosen not to enter into the contract at all had he known the true state of affairs

          

  3. Forms of mispresentationscausal, fraudulent, negligent, innocent, incidental

          

  4. Remedy for voidunjustified enrichment

          

  5. mutual mistakeboth parties mistaken but on different facts

          

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