PVL3702
Assignment 1 Semester 1 2026
Unique number:
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1 (3 ANSWERS PROVIDED)
In terms of the will theory, consensus requires that the parties seriously intend to
contract, be of one mind regarding the material terms, and be aware that their minds
have met.1 If a material mistake excludes consensus, the contract is void ab initio.
In this scenario, both parties contracted on the basis that the merx was a genuine
diamond ring. After conclusion of the agreement, it was discovered that the ring was
not a diamond at all, but an imitation made of inferior artificial materials. The critical
issue is whether Raymond’s mistake relates to the nature of the subject matter (error
in corpore) or merely to a characteristic of the thing (error in substantia).
1
D Hutchison and CJ Pretorius (eds), The Law of Contract in South Africa 4th ed (Oxford University Press 2022)
83–85.
Varsity Cube 2026 +27 81 278 3372
Assignment 1 Semester 1 2026
Unique number:
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1 (3 ANSWERS PROVIDED)
In terms of the will theory, consensus requires that the parties seriously intend to
contract, be of one mind regarding the material terms, and be aware that their minds
have met.1 If a material mistake excludes consensus, the contract is void ab initio.
In this scenario, both parties contracted on the basis that the merx was a genuine
diamond ring. After conclusion of the agreement, it was discovered that the ring was
not a diamond at all, but an imitation made of inferior artificial materials. The critical
issue is whether Raymond’s mistake relates to the nature of the subject matter (error
in corpore) or merely to a characteristic of the thing (error in substantia).
1
D Hutchison and CJ Pretorius (eds), The Law of Contract in South Africa 4th ed (Oxford University Press 2022)
83–85.
Varsity Cube 2026 +27 81 278 3372
