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5 Written questions

5 Matching questions

  1. mistake considered not material
  2. Types of mistakes
  3. cases regarding caveat subscriptor
  4. error corpore
  5. Misrepresentation
  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 Subject-matter of the contract
  3. c error in quality, person and motive
  4. d common, unilateral and mutual
  5. e 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 Multiple choice questions

  1. document not clearly a contract, contract but contains terms which one would not expect, written contract not accurately reflecting parties' own pre-contractual negotiations
  2. misrep induces a contract
  3. restutio integrum but if fraudulent/negligent,claim financial damages
  4. mirepresentor genuinely believes representation to be true but in situation where a reasonable person would first have taken steps to verify accuracy
  5. doesnt exist because of legal nullity

5 True/False questions

  1. error negotioSubject-matter of the contract


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


  3. Remedy voidablerestitutio in integrum


  4. mutual mistakeboth parties mistaken but on different facts


  5. what renders a contract voidmistake