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5 Written questions

5 Matching questions

  1. cases regarding caveat subscriptor
  2. unilateral mistake
  3. undue influence
  4. how does mistake make contract void
  5. Warranties
  1. a 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))
  2. b 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
  3. c type of term in which one party guarantees the truth of a particular statement made
  4. d common+material, uni+material+reasonableness, mutual+material+reasonableness
  5. e only one party is mistaken

5 Multiple choice questions

  1. mirepresentor genuinely believes representation to be true but in situation where a reasonable person would first have taken steps to verify accuracy
  2. causal, fraudulent, negligent, innocent, incidental
  3. common, unilateral and mutual
  4. incidental if innocent party would still have entered into the contract albeit on different terms
  5. Error in negotio, error in corpore and error in persona

5 True/False questions

  1. Voidvalid & binding but innocent party entitled to repudiate (cancel)

          

  2. mistake considered not materialerror in quality, person and motive

          

  3. remedies for misrepunjustified enrichment

          

  4. what renders a contract voidmistake

          

  5. reasonable mistakeboth parties mistaken but on different facts

          

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