Podcast
Questions and Answers
What must a mistake touch in order to negate consensus in a contract?
What must a mistake touch in order to negate consensus in a contract?
The mistake must touch the agreement in a material or fundamental respect.
In what circumstances can a contract be rescinded if consensus was reached improperly?
In what circumstances can a contract be rescinded if consensus was reached improperly?
A contract can be rescinded if consensus was reached through misrepresentation, duress, undue influence, or commercial bribery.
What are the requirements for parties in a contract to avoid a material mistake?
What are the requirements for parties in a contract to avoid a material mistake?
Parties must seriously intend to contract, be of one mind as to material aspects, and be aware that all parties are of the same mind.
What are examples of material aspects that can lead to a material mistake?
What are examples of material aspects that can lead to a material mistake?
What happens if there is an absence of consensus due to a material mistake?
What happens if there is an absence of consensus due to a material mistake?
What is the implication of a non-material mistake in a contract?
What is the implication of a non-material mistake in a contract?
What is mistake in a contractual sense?
What is mistake in a contractual sense?
What is the classification of mistake when only one party is mistaken and the other party is aware of the mistake?
What is the classification of mistake when only one party is mistaken and the other party is aware of the mistake?
In a common mistake, who shares the mistake?
In a common mistake, who shares the mistake?
What is the term used for a mistake that would not void the contract even if the mistaken party would have entered into the contract despite the mistake?
What is the term used for a mistake that would not void the contract even if the mistaken party would have entered into the contract despite the mistake?
When can the aggrieved party opt out of the contract or claim relief from the other party?
When can the aggrieved party opt out of the contract or claim relief from the other party?
What must be shown to have influenced a party's decision to conclude a contract?
What must be shown to have influenced a party's decision to conclude a contract?
What is the decisive question in a case of unilateral mistake according to Sonap Petroleum v Pappadogianis 1992?
What is the decisive question in a case of unilateral mistake according to Sonap Petroleum v Pappadogianis 1992?
What are the three-fold inquiries usually necessary to determine unilateral mistake?
What are the three-fold inquiries usually necessary to determine unilateral mistake?
In Allen v Sixteen Stirling Investment, why did the court declare the written agreement null and void?
In Allen v Sixteen Stirling Investment, why did the court declare the written agreement null and void?
What was the plaintiff's belief regarding the property in Allen v Sixteen Stirling Investment?
What was the plaintiff's belief regarding the property in Allen v Sixteen Stirling Investment?
According to Sonap Petroleum v Pappadogianis, what postulates two possibilities regarding the other party being misled?
According to Sonap Petroleum v Pappadogianis, what postulates two possibilities regarding the other party being misled?
What was the approach set out by the South African Appellate Division in Sonap Petroleum v Pappadogianis for cases of unilateral mistake?
What was the approach set out by the South African Appellate Division in Sonap Petroleum v Pappadogianis for cases of unilateral mistake?
What is a legally recognizable mistake in the law of contract?
What is a legally recognizable mistake in the law of contract?
In what situation will a party not be bound by the provisions of a contract?
In what situation will a party not be bound by the provisions of a contract?
What is the remedy for correcting mistakes in written contracts?
What is the remedy for correcting mistakes in written contracts?
When can parties correct themselves in a contract?
When can parties correct themselves in a contract?
What should parties do if they fail to correctly indicate their common intention in a written contract?
What should parties do if they fail to correctly indicate their common intention in a written contract?
In what case will a party not be bound by an agreement?
In what case will a party not be bound by an agreement?
What is the legal significance of a mistake in a contract according to the case of Kok v Osborne & Another 1993?
What is the legal significance of a mistake in a contract according to the case of Kok v Osborne & Another 1993?
In Venter and Others v Credit Guarantee Insurance Corporation of Africa Ltd. and Another 1996, when is error in persona considered material?
In Venter and Others v Credit Guarantee Insurance Corporation of Africa Ltd. and Another 1996, when is error in persona considered material?
According to Davis AJ in Prins v Absa Bank Ltd 1998, what are the set of questions usually employed in considering a mistake in a contract?
According to Davis AJ in Prins v Absa Bank Ltd 1998, what are the set of questions usually employed in considering a mistake in a contract?
In the case of Kok v Osborne & Another 1993, what scenario led to a mistake being identified?
In the case of Kok v Osborne & Another 1993, what scenario led to a mistake being identified?
What was the consequence of the mistake in the case of Venter and Others v Credit Guarantee Insurance Corporation of Africa Ltd. and Another 1996?
What was the consequence of the mistake in the case of Venter and Others v Credit Guarantee Insurance Corporation of Africa Ltd. and Another 1996?
How did the court determine the materiality of a mistake in the case of Kok v Osborne & Another 1993?
How did the court determine the materiality of a mistake in the case of Kok v Osborne & Another 1993?
