HFL1501
ASSIGNMENT 2
SEMESTER 2
DUE: 29 AUGUST 2023
, QUESTION 1
1.1 Name the foundational principle of all contracts. (1)
The foundational principle of all contracts is "consensus ad idem," which means a meeting of
minds or mutual agreement between the parties
QUESTION 2
In the scenarios provided, let's analyze the validity of the contracts and potential factors
influencing consensus:
2.1 Judith and Precious purchasing a gold locket:
Contract Status: The contract might be considered voidable.
Potential Factor Influencing Consensus: Misrepresentation.
Explanation: While the sisters had a clear intention to purchase a gold locket, the actual product
received was not as described. Precious represented the locket to be gold, but it turned out to be
gold-plated brass. This misrepresentation could potentially render the contract voidable, as the
misrepresentation of material facts can impact the consent of the parties.
2.2 Fikile and Pamela's agreement on the house:
Contract Status: Voidable or void due to mutual misunderstanding.
Potential Factor Influencing Consensus: Mutual misunderstanding.
Explanation: Fikile and Pamela have a clear difference in understanding about the nature of the
agreement. Fikile believes she is selling her house, while Pamela thinks she is renting it for a
year. This mutual misunderstanding of the essential terms of the contract could potentially make
the contract voidable or void, as there is no genuine consensus between the parties.
2.3 Johannes purchasing a Maltese poodle puppy:
Contract Status: Valid.
Potential Factor Influencing Consensus: Mistake as to the identity.
Explanation: In this scenario, while Johannes misunderstood the name of the puppy, the contract
ASSIGNMENT 2
SEMESTER 2
DUE: 29 AUGUST 2023
, QUESTION 1
1.1 Name the foundational principle of all contracts. (1)
The foundational principle of all contracts is "consensus ad idem," which means a meeting of
minds or mutual agreement between the parties
QUESTION 2
In the scenarios provided, let's analyze the validity of the contracts and potential factors
influencing consensus:
2.1 Judith and Precious purchasing a gold locket:
Contract Status: The contract might be considered voidable.
Potential Factor Influencing Consensus: Misrepresentation.
Explanation: While the sisters had a clear intention to purchase a gold locket, the actual product
received was not as described. Precious represented the locket to be gold, but it turned out to be
gold-plated brass. This misrepresentation could potentially render the contract voidable, as the
misrepresentation of material facts can impact the consent of the parties.
2.2 Fikile and Pamela's agreement on the house:
Contract Status: Voidable or void due to mutual misunderstanding.
Potential Factor Influencing Consensus: Mutual misunderstanding.
Explanation: Fikile and Pamela have a clear difference in understanding about the nature of the
agreement. Fikile believes she is selling her house, while Pamela thinks she is renting it for a
year. This mutual misunderstanding of the essential terms of the contract could potentially make
the contract voidable or void, as there is no genuine consensus between the parties.
2.3 Johannes purchasing a Maltese poodle puppy:
Contract Status: Valid.
Potential Factor Influencing Consensus: Mistake as to the identity.
Explanation: In this scenario, while Johannes misunderstood the name of the puppy, the contract
