Lecture 4

Question 1

Civil marriage (According to Acts)

Answer 1

Marriage Act
Civil Union Act

Question 2

What is consensus?

Answer 2

1) Basis for a valid marriage

2) Agreement between the parties

Question 3

Which factors influence consensus?

Answer 3

1) Mistake

2) Duress

3) Misrepresentation

Question 4

How does mistake influence the validity of a marriage?

Answer 4

1) Role of law of contract

2) Must distinguish between the different types of mistakes

3) Affects marriages in different ways

Question 5

Types of mistakes

Answer 5

1) Material mistakes

2) Other mistakes

Question 6

Material mistake

Answer 6

1) Error in personam

2) Error in negotio

Excludes consensus
Marriage will be void

Question 7

Misrepresentation

Answer 7

1) Material misrepresentation

2) Misled?

3) Material representation renders the marriage voidable

Question 8

Duress

Answer 8

1) Parties reached consensus in an unacceptable way

2) Voluntariness affected

3) Marriage can be deemed voidable

4) Smith v Smith