Question

What type of mistake did Eddy commit in terms of South African Law of contract?

Evaluate this type of mistake.

Answer 1

Eddy committed a mistake of fact, which is a type of mistake that occurs when a party to a contract is mistaken as to the facts at the time of entering into the contract. This type of mistake may render the contract voidable if the mistake was fundamental to the agreement.

I don’t know if this is right but hope it is

Answer 2

However, generally speaking, there are three types of mistakes recognized under South African law of contract: common mistake, mutual mistake, and unilateral mistake.

Common mistake: This occurs when both parties are mistaken about the same material fact relating to the contract. If the mistake is sufficiently serious, it may render the contract void ab initio (from the beginning).Mutual mistake: This occurs when both parties are mistaken about different aspects of the contract. For example, one party may be mistaken about the quantity of goods to be supplied while the other is mistaken about the price. In such cases, the contract may be voidable.Unilateral mistake: This occurs when only one party is mistaken about a material fact relating to the contract. In general, the law does not provide relief to a party who has made a unilateral mistake. However, in some cases, the mistake may be so serious that it amounts to fraud, and the contract may be voidable.

It is important to note that the law of contract in South Africa is based on the principles of freedom of contract and the sanctity of contracts. Therefore, courts are generally reluctant to interfere with the terms of a contract unless there are compelling reasons to do so.