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5 Written questions

5 Matching questions

  1. Caveat subscriptor
  2. Negligent misrep
  3. what renders a contract voidable
  4. Statement of opinion
  5. reasonable mistake
  1. a misrep, undue influence, duress
  2. b 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. c let the signatory beware
  4. d someone says that he/she believes a particular state of affairs to exist without stating that it does, must genuinely believe this
  5. e mirepresentor genuinely believes representation to be true but in situation where a reasonable person would first have taken steps to verify accuracy

5 Multiple choice questions

  1. Nature of the contract
  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. misrepresentor genuinely believes representation to be true but in situation where a reasonable person would NOT first have taken steps to verify accuracy
  4. exists in the minds of both parties
  5. mistake

5 True/False questions

  1. WarrantiesOne party threatens or intimidates the other party into entering into the contract

          

  2. mutual mistakeboth parties mistaken but on different facts

          

  3. Puffsexaggerated statements usually made by a sales person or a seller, may be express or implied

          

  4. Mistakes considered materialError in negotio, error in corpore and error in persona

          

  5. 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)

          

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