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5 Written questions

5 Matching questions

  1. Material mistake
  2. Fraudulent misrep
  3. Forms of mispresentations
  4. Voidable
  5. remedies for misrep
  1. a restutio integrum but if fraudulent/negligent,claim financial damages
  2. b valid & binding but innocent party entitled to repudiate (cancel)
  3. c mistaken party would have chosen not to enter into the contract at all had he known the true state of affairs
  4. d when the misrepresenter knows the falsity of representation or knowing that it might be false
  5. e causal, fraudulent, negligent, innocent, incidental

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. One party threatens or intimidates the other party into entering into the contract
  3. exaggerated statements usually made by a sales person or a seller, may be express or implied
  4. misrep, undue influence, duress
  5. mistake

5 True/False questions

  1. Mistakes considered materialerror in quality, person and motive


  2. 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))


  3. Misrepresentaion distinguishable fromWarranty, Statements of opinion and puffs


  4. how does mistake make contract voidcommon+material, uni+material+reasonableness, mutual+material+reasonableness


  5. error negotioNature of the contract