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5 Written questions

5 Matching questions

  1. Situation where there is a duty to speak
  2. Fraudulent misrep
  3. Types of mistakes
  4. error corpore
  5. how does mistake make contract void
  1. a common+material, uni+material+reasonableness, mutual+material+reasonableness
  2. b 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
  3. c Subject-matter of the contract
  4. d common, unilateral and mutual
  5. e when the misrepresenter knows the falsity of representation or knowing that it might be false

5 Multiple choice questions

  1. Preller 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)
  2. valid & binding but innocent party entitled to repudiate (cancel)
  3. mirepresentor genuinely believes representation to be true but in situation where a reasonable person would first have taken steps to verify accuracy
  4. not trivial, reasonable test, threats at financial and business interests
  5. 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))

5 True/False questions

  1. what renders a contract voidmisrep, undue influence, duress

          

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

          

  3. Mistakes considered materialerror in quality, person and motive

          

  4. unilateral mistakeonly one party is mistaken

          

  5. duressexaggerated statements usually made by a sales person or a seller, may be express or implied

          

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