Thusi is 17 years old. He concludes a contract with Mr Mlambo, an adult, to buy a scooter for R15 000. By producing a forged identity document, Thusi brings Mr Mlambo under the false impression that he is 18 years old and therefore does not need his guardian’s consent. Sipho pays a deposit of R1 000 and Mr Mlambo delivers the scooter to him. Now Thusi refuses to pay the rest of the purchase price on the ground that he is a minor and cannot be held liable. Mr Mlambo wants to institute a delictual claim against Thusi to recover his losses. The following statements deal with delictual liability in circumstances like these. Choose the only incorrect option:

Question

Thusi is 17 years old. He concludes a contract with Mr Mlambo, an adult, to buy a scooter for R15 000. By producing a forged identity document, Thusi brings Mr Mlambo under the false impression that he is 18 years old and therefore does not need his guardian’s consent. Sipho pays a deposit of R1 000 and Mr Mlambo delivers the scooter to him. Now Thusi refuses to pay the rest of the purchase price on the ground that he is a minor and cannot be held liable. Mr Mlambo wants to institute a delictual claim against Thusi to recover his losses. The following statements deal with delictual liability in circumstances like these. Choose the  only incorrect  option:

Answer

Mr Mlambo must prove that he suffered loss as a result of the misrepresentation that Thusi committed.

Answer

Mr Mlambo will not succeed with his claim, as he was obliged to enquire into the truth of Sipho’s statement that he is of age.

Answer

The  onus  rests on Thusi to prove that Mr Mlambo was not misled by his (Thusi’s) misrepresentation.

Answer

Thusi’s misrepresentation must have been the cause that induced Mr Mlambo to enter into the contract with him.

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Thusi is 17 years old. He concludes a contract with Mr Mlambo, an adult, to buy ...

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