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5 Written questions

5 Matching questions

  1. Void
  2. Situation where there is a duty to speak
  3. undue influence
  4. cases regarding caveat subscriptor
  5. Fraudulent misrep
  1. a doesnt exist because of legal nullity
  2. b when the misrepresenter knows the falsity of representation or knowing that it might be false
  3. c 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))
  4. d 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
  5. e 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

5 Multiple choice questions

  1. 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)
  2. restitutio in integrum
  3. One party threatens or intimidates the other party into entering into the contract
  4. common, unilateral and mutual
  5. misrep, undue influence, duress

5 True/False questions

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


  2. Mistakes considered materialerror in quality, person and motive


  3. common mistakeboth parties mistaken but on different facts


  4. Material mistakemistaken party would have chosen not to enter into the contract at all had he known the true state of affairs


  5. Misrepresentaion distinguishable fromWarranty, Statements of opinion and puffs