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5 Written questions

5 Matching questions

  1. Statement of opinion
  2. Forms of mispresentations
  3. Warranties
  4. duress
  5. Misrepresentaion distinguishable from
  1. a Warranty, Statements of opinion and puffs
  2. b causal, fraudulent, negligent, innocent, incidental
  3. c One party threatens or intimidates the other party into entering into the contract
  4. d type of term in which one party guarantees the truth of a particular statement made
  5. e someone says that he/she believes a particular state of affairs to exist without stating that it does, must genuinely believe this

5 Multiple choice questions

  1. valid & binding but innocent party entitled to repudiate (cancel)
  2. mistaken party would have chosen not to enter into the contract at all had he known the true state of affairs
  3. unjustified enrichment
  4. error in quality, person and motive
  5. common, unilateral and mutual

5 True/False questions

  1. MisrepresentationNature of the contract


  2. what renders a contract voidablemistake


  3. Innocent misrepmisrepresentor genuinely believes representation to be true but in situation where a reasonable person would NOT first have taken steps to verify accuracy


  4. Case regarding undue influencePreller v Jordaan (donation of 4 farms to a doctor,Jordaan only recovered one farm because the doctrine of restitutio integrum does not affect third parties not party to the original contract)


  5. unilateral mistakeonly one party is mistaken


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