Podcast
Questions and Answers
What is the key factor regarding the reasonableness of fear in cases of coercion?
What is the key factor regarding the reasonableness of fear in cases of coercion?
Threat must be sufficiently grave to affect the mind of a reasonably steadfast person.
In the case of Paragon Business Forms v Du Preez, what did the court conclude about the alleged fear of the respondent?
In the case of Paragon Business Forms v Du Preez, what did the court conclude about the alleged fear of the respondent?
The court concluded that the alleged fear was illogical and unreasonable.
What objects must a threat be directed at to constitute duress?
What objects must a threat be directed at to constitute duress?
Life, bodily integrity, property, or immediate family.
What proof might be required in some cases to establish the involuntary nature of a transaction under duress?
What proof might be required in some cases to establish the involuntary nature of a transaction under duress?
Is silence at the time of payment or contract entry considered indicative of free consent?
Is silence at the time of payment or contract entry considered indicative of free consent?
Why is the imminence of harm important in cases of duress?
Why is the imminence of harm important in cases of duress?
What must the threatened party show if the harm is not imminent or inevitable?
What must the threatened party show if the harm is not imminent or inevitable?
When is a threat considered unlawful in the context of duress?
When is a threat considered unlawful in the context of duress?
What type of pressure characterizes undue influence?
What type of pressure characterizes undue influence?
What relationship dynamic is often associated with undue influence?
What relationship dynamic is often associated with undue influence?
In the context of undue influence, what effect does the influence have on the aggrieved person?
In the context of undue influence, what effect does the influence have on the aggrieved person?
According to Broodryk vs Smuts, what must a person alleging duress demonstrate?
According to Broodryk vs Smuts, what must a person alleging duress demonstrate?
What are the requirements for a misrepresentation to be legally valid in a contract?
What are the requirements for a misrepresentation to be legally valid in a contract?
What is the difference between express and active concealment misrepresentation?
What is the difference between express and active concealment misrepresentation?
What is designed concealment in the context of misrepresentation?
What is designed concealment in the context of misrepresentation?
In the case of Dibley v Furter 1951, what led to the liability of F towards D?
In the case of Dibley v Furter 1951, what led to the liability of F towards D?
How did F attempt to hide the existence of the graveyard in the Dibley v Furter case?
How did F attempt to hide the existence of the graveyard in the Dibley v Furter case?
What was the legal outcome in Dibley v Furter concerning non-disclosure of the graveyard?
What was the legal outcome in Dibley v Furter concerning non-disclosure of the graveyard?
What are the exceptions where omission of information is considered actionable?
What are the exceptions where omission of information is considered actionable?
What is the test to determine material misrepresentation?
What is the test to determine material misrepresentation?
Who can make a misrepresentation in a contract?
Who can make a misrepresentation in a contract?
In what case does a party have a duty to inform by the operation rule of law?
In what case does a party have a duty to inform by the operation rule of law?
What is the standard for fair dealing in terms of disclosing information during contract negotiations?
What is the standard for fair dealing in terms of disclosing information during contract negotiations?
When is misrepresentation by an independent third party actionable?
When is misrepresentation by an independent third party actionable?
What is the key requirement for misrepresentation to induce a contract?
What is the key requirement for misrepresentation to induce a contract?
In the context of misrepresentation, what distinguishes a causal misrepresentation from an incidental one?
In the context of misrepresentation, what distinguishes a causal misrepresentation from an incidental one?
What are the three types of misrepresentation discussed in the text?
What are the three types of misrepresentation discussed in the text?
When would there be NO rescission even in the presence of misrepresentation?
When would there be NO rescission even in the presence of misrepresentation?
What legal case exemplifies that a party may obtain rescission for a causal misrepresentation but not for an incidental one?
What legal case exemplifies that a party may obtain rescission for a causal misrepresentation but not for an incidental one?
Define the term 'induced the contract' in the context of misrepresentation.
Define the term 'induced the contract' in the context of misrepresentation.
