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reliable solution with clear explanation.
Unique Number: 270727
QUESTION
Jabu owns a jewelry store. He recently bought what he believed to be a
genuine diamond ring for R50 000 from one of his suppliers. Raymond
visits the store and offers Jabu R80 000 for the same ring, and Jabu
accepts the offer. The contract was concluded on the basis that the sale
item is a genuine diamond ring. Subsequently, when Raymond visits his
friend Themba, who specializes in diamond trading, Themba informs
him that the ring is a fake and it is not a genuine diamond ring. It turns
out that the ring was made with inferior materials which were artificial,
and even though the end product appears to look like a diamond ring, it
is not. Discuss fully the type of mistake that is relevant to this question
and advise Raymond if the contract he concluded with Jabu is valid or
void. Refer to case law in your answer. Do not discuss latent defects and
breach of contract. And do not apply the Consumer Protection Act 68 of
2008 to this question.
Introduction
In South African contract law, a valid contract comes into existence only
when there is true consensus between the contracting parties. Consensus
requires that the parties have a genuine meeting of the minds (consensus
ad idem) regarding the essential terms of the agreement. Where such
agreement is absent due to a material mistake, the contract may be void
from the outset. The law recognises that certain types of mistake,