1
Q
What are vitiating factors?
A
Factors that invalidate (vitiate) genuine consent in a contract, making it void or voidable.
Examples: Misrepresentation, mistake, duress, undue influence, illegality.
2
Q
Define misrepresentation.
A
An untrue statement of fact by one party that induces the other party to enter into a contract.
Case: Thomas Sinkala v Engen Petroleum Zambia (CAZ Appeal 208/2019) – A representation can be oral, written, or implied from words or conduct.
3
Q
What are the 3 essential elements of an actionable misrepresentation?
A
There must be an untrue statement
It must be a statement of fact (not mere opinion, puff, or intention)
It must have induced the innocent party to enter the contract
Case: Pulse Financial Services Ltd v Elaine Munga & Others
4
Q
A
CONTRACT II
flashcards
Decks in class (3)
# Cards
