vitiating factors

Question 1

mistake:

3 principles
5 factors for fundamental mistake (last principle)
3 types of mistakes

Answer 1

• 3 principles AMALGATED INVESTMENTS CASE on a building listed as warehouse after the contract was finalised was not a common mistake)
  
  • 5 factors for fundamental mistake (GREAT PEACE SHIPPING- must make performance impossible or devoid of purpose) is found
• 3 types of mistakes

Question 2

misrepresentation:
elements (3)
silence
types of missrepresentation (3)
remedies (2)

Answer 2

3 Elements:

• untrue statement
• factual but not opinion (BISSET CASE on landholding 2000 sheep was an opinion but ESSO PETROLEUM was factual)
• Induces party to contract (3 exceptions)

silence? FLETCHER CASE. exceptions are 3.

3 types of misstatements:

• fradulent (3 points) : derry v peek
• negligent: hedley v heller
• innocent: oscar chess case on car

remedies:

• rescission: car and universal finance case (3 limitations)
• damages: f(all), n(reasonably foreseeable needed- DOYLE V OLBY), I(damages better than rescission).

Question 3

duress, undue influence and unconscionable bargains

elements for all of them

Answer 3

DURESS:4 Elements (barton v armstong case)

UNDUE INFLUENCE:2 ELEMENTS + 2 CATEGORIES

UNCONSCIOUNABLE BARGAINS: Strydom case gave a 3 TIER TEST

Question 4

illegality:

2 types

void on public policy (3)

effects: 2/// 1

severance

Answer 4

2 TYPES

CONTRACTS VOID ON GROUNDS OF PUBLIC POLICY (3):

1. trade restraint: Esso petroleum 1968 case on garage one was 21 years (SAP)
2. jurisdiction of the court: BENNET V BENNET
3. Corruption: PARKINSON 1925 CASE on knighthood.

EFFECTS: 2/////////1

SEVERANCE: Goldsoll v Goldman (jewellery on unreasonable parts of the contract being removed)