Minnie is 17 years old. She concludes a contract with Mr Ismail, an adult, to buy a second-hand car for R30 000. Minnie does not tell Mr Ismail that she is 18 years old, but she knows that she looks much older than she is, and during the negotiations Mr Ismail says that it is the perfect car for a “young lady in her early twenties”. She pays a deposit of R3 000 and Mr Ismail delivers the car to her. Minnie now refuses to pay the remainder of the contract price on the ground that she is a minor and therefore is not liable in terms of the contract. The following statements deal with delictual liability in circumstances like these. Choose the only incorrect option:
Minnie knew Mr Ismail thought that she is a major and did nothing to remove this erroneous belief.
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Minnie can reclaim the deposit of R3 000 she has already paid by means of a condictio.
0%
Mr Ismail was misled by Minnie’s misrepresentation and induced to enter into the contract.
0%
Minnie would not be liable to Mr Ismail for delictual damages on the ground of her misrepresentation.
100%

Question

Minnie is 17 years old. She concludes a contract with Mr Ismail, an adult, to buy a second-hand car for R30 000. Minnie does not tell Mr Ismail that she is 18 years old, but she knows that she looks much older than she is, and during the negotiations Mr Ismail says that it is the perfect car for a “young lady in her early twenties”. She pays a deposit of R3 000 and Mr Ismail delivers the car to her. Minnie now refuses to pay the remainder of the contract price on the ground that she is a minor and therefore is not liable in terms of the contract. The following statements deal with delictual liability in circumstances like these. Choose the only incorrect option:

Minnie knew Mr Ismail thought that she is a major and did nothing to remove this erroneous belief.

0%

Minnie can reclaim the deposit of R3 000 she has already paid by means of a condictio.

0%

Mr Ismail was misled by Minnie’s misrepresentation and induced to enter into the contract.

0%

Minnie would not be liable to Mr Ismail for delictual damages on the ground of her misrepresentation.

100%

Answer

Minnie knew Mr Ismail thought that she is a major and did nothing to remove this erroneous belief.

Answer

Minnie can reclaim the deposit of R3 000 she has already paid by means of a  condictio .

Answer

Mr Ismail was misled by Minnie’s misrepresentation and induced to enter into the contract.

Answer

Minnie would not be liable to Mr Ismail for delictual damages on the ground of her misrepresentation.

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Minnie is 17 years old. She concludes a contract with Mr Ismail, an adult, to bu...

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