CHOOSE ONE FROM CONTRACT (1,2), AGENCY (3.4) AND DELICT (5.6) 1a) Misrepresentation – one party i... more CHOOSE ONE FROM CONTRACT (1,2), AGENCY (3.4) AND DELICT (5.6) 1a) Misrepresentation – one party is in error about some essential of the contract and error was brought about something said or done by other party, this is known as a unilateral error induced by other party and is misrepresentations … (contract set aside on following conditions) • False statement-must be of material nature (Gibson v National Cash Register – Gibson brought action against NCR that they sold him 2 cash registers and fraudulently concealed that they were not new, Gibson able to prove they weren't new and they were second hand but made to look like new – was held that Gibson made out a prima facie case of fraudulent concealment)
CHOOSE ONE FROM CONTRACT (1,2), AGENCY (3.4) AND DELICT (5.6) 1a) Misrepresentation – one party i... more CHOOSE ONE FROM CONTRACT (1,2), AGENCY (3.4) AND DELICT (5.6) 1a) Misrepresentation – one party is in error about some essential of the contract and error was brought about something said or done by other party, this is known as a unilateral error induced by other party and is misrepresentations … (contract set aside on following conditions) • False statement-must be of material nature (Gibson v National Cash Register – Gibson brought action against NCR that they sold him 2 cash registers and fraudulently concealed that they were not new, Gibson able to prove they weren't new and they were second hand but made to look like new – was held that Gibson made out a prima facie case of fraudulent concealment)
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