Assignment 1 Semester 1 2026
Unique number:
Due Date: April 2026
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).
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