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5 Written questions

5 Matching questions

  1. exception to caveat subscriptor
  2. Mistakes considered material
  3. what renders a contract void
  4. duress
  5. cases regarding caveat subscriptor
  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 One party threatens or intimidates the other party into entering into the contract
  3. c mistake
  4. d Error in negotio, error in corpore and error in persona
  5. e document not clearly a contract, contract but contains terms which one would not expect, written contract not accurately reflecting parties' own pre-contractual negotiations

5 Multiple choice questions

  1. someone says that he/she believes a particular state of affairs to exist without stating that it does, must genuinely believe this
  2. doesnt exist because of legal nullity
  3. common+material, uni+material+reasonableness, mutual+material+reasonableness
  4. misrepresentor genuinely believes representation to be true but in situation where a reasonable person would NOT first have taken steps to verify accuracy
  5. 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

5 True/False questions

  1. Situation where there is a duty to speak1.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


  2. Fraudulent misrepmisrep induces a contract


  3. Incidental misrepincidental if innocent party would still have entered into the contract albeit on different terms


  4. error corporeSubject-matter of the contract


  5. Voidabledoesnt exist because of legal nullity


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