Theme 2 PT 3

Question 1

National and Overseas Distributors
Corporation (Pty) Ltd v Potato Board

Answer 1

MISTAKE REGARDING THE PARTIES TO
THE CONTRACT

Question 2

Allen v Sixteen Investments Stirling
Investments

Answer 2

1) MISTAKE REGARDING MATERIAL
TERMS

Question 3

Du Toit v Atkinson’s Motors

Answer 3

1) Where a party is mistaken as to the contents of the obligations that the parties wish to create, any mistake arising there from is material

Question 4

Khan v Naidoo

Answer 4

1) The mistake must, therefore, be one which touches the agreement in a material or fundamental respect, for example, in relation to its subject-matter… For negation
of consensus.

Question 5

Shepherd v Farell’s Estate Agency

Question 6

Sonap Petroleum

Answer 6

1) Justus error:
2) Material and Reasonable.

Question 7

Kok v Obsorne

Question 8

Venter and Others v Credit Guarantee

Question 9

Boundary Financing Ltd v Protea
Property Holdings