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5 Written questions

5 Matching questions

  1. undue influence
  2. remedies for misrep
  3. Remedy voidable
  4. Misrepresentation
  5. Case regarding undue influence
  1. a false statement of fact(express/silently) made by one party to the other party before or at the time the contract is entered into, allow innocent party to cancel or claim damages
  2. b restitutio in integrum
  3. c influence by one party to such a degree that the other party is incapable of forming an independent and rational judgment exists where there is a special relationship
  4. d 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)
  5. e restutio integrum but if fraudulent/negligent,claim financial damages

5 Multiple choice questions

  1. 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. someone says that he/she believes a particular state of affairs to exist without stating that it does, must genuinely believe this
  3. error in quality, person and motive
  4. not trivial, reasonable test, threats at financial and business interests
  5. One party threatens or intimidates the other party into entering into the contract

5 True/False questions

  1. Forms of mispresentationsfalse statement of fact(express/silently) made by one party to the other party before or at the time the contract is entered into, allow innocent party to cancel or claim damages

          

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

          

  3. which misrep make contract not voidablemisrep, undue influence, duress

          

  4. Voidabledoesnt exist because of legal nullity

          

  5. 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))

          

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