Annie is 17 years old. Without her guardian’s assistance, she concludes a contract with Mr Naidoo, an adult, to buy a laptop for R15 000. Annie brings Mr Naidoo under the false impression that she is 18 years old, but it is quite obvious to Mr Naidoo that she cannot be older than 17. Annie pays a deposit of R1 500 and Mr Naidoo delivers the laptop to her. Annie 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:

Question

Annie is 17 years old. Without her guardian’s assistance, she concludes a contract with Mr Naidoo, an adult, to buy a laptop for R15 000. Annie brings Mr Naidoo under the false impression that she is 18 years old, but it is quite obvious to Mr Naidoo that she cannot be older than 17. Annie pays a deposit of R1 500 and Mr Naidoo delivers the laptop to her. Annie 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:

Answer

The  onus  rests on Annie to prove that Mr Naidoo was not misled by her misrepresentation.

Answer

Annie’s misrepresentation must have been the cause that induced Mr Naidoo to enter into the contract with her.

Answer

Annie can recover her deposit of R1 500 she has already paid by means of the  rei vindicatio .

Answer

Mr Naidoo will not succeed with his claim as he was under an obligation to investigate the truth of Annie’s statement.

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Annie is 17 years old. Without her guardian’s assistance, she concludes a contra...

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