Podcast
Questions and Answers
What type of mistake does not affect consensus according to the text?
What type of mistake does not affect consensus according to the text?
- Error in motive (correct)
- Error iuris
- Mistake as to the party's reasons for entering into the contract
- Mistake re the identity of one of the parties to the contract
In which case is a mistake considered material?
In which case is a mistake considered material?
- Mistake re an attribute or characteristic of the subject matter of the contract
- Error in negotio
- Mistake as to the law relating to some aspect of the transaction
- Lack of understanding of legal consequences of a contractual provision (correct)
What is 'error iuris' as mentioned in the text?
What is 'error iuris' as mentioned in the text?
- Error in persona
- Mistake re reason/motive for the mistaken party entering into an agreement
- Mistake as to the law relating to some aspect of the transaction (correct)
- Mistake re an attribute or characteristic of the subject matter of the contract
Which type of mistake relates to an error in negotio?
Which type of mistake relates to an error in negotio?
What type of mistake is defined by a lack of understanding of legal consequences?
What type of mistake is defined by a lack of understanding of legal consequences?
What is the primary focus when discussing the concept of mistake in a contractual sense?
What is the primary focus when discussing the concept of mistake in a contractual sense?
In which case does a mistake relate to the true nature of the contract?
In which case does a mistake relate to the true nature of the contract?
In a situation of unilateral mistake, how is it classified and what distinguishes it from mutual mistake?
In a situation of unilateral mistake, how is it classified and what distinguishes it from mutual mistake?
What defines a situation of dissensus in the context of a contract?
What defines a situation of dissensus in the context of a contract?
How is a common mistake differentiated from an irrelevant mistake in contract law?
How is a common mistake differentiated from an irrelevant mistake in contract law?
What distinguishes a unilateral mistake from a common mistake in a contract?
What distinguishes a unilateral mistake from a common mistake in a contract?
Why is it important for a mistaken party to show that the mistake influenced their decision to conclude a contract?
Why is it important for a mistaken party to show that the mistake influenced their decision to conclude a contract?
Why was Shepherd not bound by the provision to pay a commission to the agency?
Why was Shepherd not bound by the provision to pay a commission to the agency?
What mistake led to Shepherd not being bound by the provision in the contract?
What mistake led to Shepherd not being bound by the provision in the contract?
Why did Shepherd believe he was entitled to rely on the mistake induced by the advertisement?
Why did Shepherd believe he was entitled to rely on the mistake induced by the advertisement?
Why did Shepherd think he would not be liable for commission if a sale took place?
Why did Shepherd think he would not be liable for commission if a sale took place?
What did the Court find regarding Shepherd's liability for commission?
What did the Court find regarding Shepherd's liability for commission?
Why was Shepherd found entitled to rely on the mistake induced by the advertisement despite it being his responsibility to read documents he signed?
Why was Shepherd found entitled to rely on the mistake induced by the advertisement despite it being his responsibility to read documents he signed?
What does it mean when a person applies to court to 'rectify' a contract?
What does it mean when a person applies to court to 'rectify' a contract?
In what scenario is rectification not available as a remedy?
In what scenario is rectification not available as a remedy?
How does rectification affect a contract according to the text?
How does rectification affect a contract according to the text?
Who can apply for rectification of an incorrectly recorded agreement?
Who can apply for rectification of an incorrectly recorded agreement?
What does rectification aim to do in relation to a written contract?
What does rectification aim to do in relation to a written contract?
When can rectification be requested as per the text?
When can rectification be requested as per the text?
In a case of unilateral mistake, what is the decisive question according to the South African Appellate Division?
In a case of unilateral mistake, what is the decisive question according to the South African Appellate Division?
According to Allen v Sixteen Stirling Investment (Pty) Ltd, what was the court's finding regarding the plaintiff's mistake?
According to Allen v Sixteen Stirling Investment (Pty) Ltd, what was the court's finding regarding the plaintiff's mistake?
What is usually necessary in a three-fold enquiry related to unilateral mistake?
What is usually necessary in a three-fold enquiry related to unilateral mistake?
Which factor postulates two possibilities in assessing unilateral mistake?
Which factor postulates two possibilities in assessing unilateral mistake?
What did the Plaintiff seek in Allen v Sixteen Stirling Investment (Pty) Ltd?
What did the Plaintiff seek in Allen v Sixteen Stirling Investment (Pty) Ltd?
What was the Plaintiff's belief when entering into the agreement of sale in Allen v Sixteen Stirling Investment (Pty) Ltd?
What was the Plaintiff's belief when entering into the agreement of sale in Allen v Sixteen Stirling Investment (Pty) Ltd?
