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5 Written questions

5 Matching questions

  1. Warranties
  2. Fraudulent misrep
  3. Material mistake
  4. error negotio
  5. Voidable
  1. a mistaken party would have chosen not to enter into the contract at all had he known the true state of affairs
  2. b Nature of the contract
  3. c when the misrepresenter knows the falsity of representation or knowing that it might be false
  4. d valid & binding but innocent party entitled to repudiate (cancel)
  5. e type of term in which one party guarantees the truth of a particular statement made

5 Multiple choice questions

  1. 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. 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. One party threatens or intimidates the other party into entering into the contract
  4. 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. misrepresentor genuinely believes representation to be true but in situation where a reasonable person would NOT first have taken steps to verify accuracy

5 True/False questions

  1. Statement of opinionunjustified enrichment

          

  2. remedies for misreprestutio integrum but if fraudulent/negligent,claim financial damages

          

  3. Case regarding undue influencePreller 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)

          

  4. Negligent misrepmisrepresentor genuinely believes representation to be true but in situation where a reasonable person would NOT first have taken steps to verify accuracy

          

  5. common mistakeexists in the minds of both parties