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5 Written questions

5 Matching questions

  1. mutual mistake
  2. Voidable
  3. Mistakes considered material
  4. Negligent misrep
  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 mirepresentor genuinely believes representation to be true but in situation where a reasonable person would first have taken steps to verify accuracy
  3. c both parties mistaken but on different facts
  4. d valid & binding but innocent party entitled to repudiate (cancel)
  5. e Error in negotio, error in corpore and error in persona

5 Multiple choice questions

  1. someone says that he/she believes a particular state of affairs to exist without stating that it does, must genuinely believe this
  2. incidental if innocent party would still have entered into the contract albeit on different terms
  3. restutio integrum but if fraudulent/negligent,claim financial damages
  4. only one party is mistaken
  5. Subject-matter of the contract

5 True/False questions

  1. reasonable mistakethe other party knew or should have known that the mistaken party was indeed mistaken or the non-mistaken party induced the mistake by misrepresentation

          

  2. requirements for duressnot trivial, reasonable test, threats at financial and business interests

          

  3. 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

          

  4. Voiddoesnt exist because of legal nullity

          

  5. error negotioNature of the contract