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5 Written questions

5 Matching questions

  1. Material mistake
  2. Situation where there is a duty to speak
  3. reasonable mistake
  4. Voidable
  5. Misrepresentaion distinguishable from
  1. a 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
  2. b mistaken party would have chosen not to enter into the contract at all had he known the true state of affairs
  3. c Warranty, Statements of opinion and puffs
  4. d 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. e valid & binding but innocent party entitled to repudiate (cancel)

5 Multiple choice questions

  1. incidental and innocent
  2. document not clearly a contract, contract but contains terms which one would not expect, written contract not accurately reflecting parties' own pre-contractual negotiations
  3. Error in negotio, error in corpore and error in persona
  4. let the signatory beware
  5. misrepresentor genuinely believes representation to be true but in situation where a reasonable person would NOT first have taken steps to verify accuracy

5 True/False questions

  1. Statement of opinionunjustified enrichment


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


  3. cases regarding caveat subscriptorDlovo 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))


  4. Types of mistakescommon, unilateral and mutual


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


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