HIST-1106EL Study Guide - Quiz Guide: Law Of South Africa, Fide, Obligatio Consensu
8 Nov 2020
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I/ error: error and contractual theory, cotton ex peerless. Raffles v. wichelhaus: no consensus ad idem = no binding contract, verba (declaration) and volunta (will) must match: discrepancy between intention and declaration. Different if: one party has declared one thing but meant another. Raffles v. wichelhaus: - their intentions - both parties aren"t in fact ad idem. Basis of contract: consensus with regard to a matter understood by all. No consent where it has been produced by: error / fraud / violence / threats. Binding nature of a contract - parties can"t withdraw at will. Contra proferentem rule: will theory and declaration theory. Will theory : protection of the other party"s reliance - not to give effect to every type of error. Declaration theory : must be modified to accommodate the reasonable interests of the author of the declaration. South african law doctrine of assent by estoppel:
