Difference between duress and undue influence

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Reference no: EM133936473

Questions

1. Themba gets invited to his best friend's wedding. He asks Kora to be his date for the evening. While enjoying the wedding and festive spirit, and because they enjoy the evening together, Themba says to Kora, "why don't we get married next weekend?". They go their separate ways after the wedding, but the next Saturday Kora shows up to Themba's home in a white dress with her priest and demands to get married. Discuss the requirements for the offer and acceptance of a contract, and whether the facts given give rise to the formation of a "valid" or "invalid" contract.

2. Explain the difference between "duress" and "undue influence" and provide an example of each.

3. Eric and Martin attend a 21st birthday party. They consume too much alcohol, smoke marijuana and become severely intoxicated and drugged. Later that evening, Hamilton tells them that he is selling his apartment for R 500 000. Eric and Martin decide that they want to purchase the apartment, and on a napkin, the three parties sign a purchase agreement. Discuss whether a valid contract was formed.

4. With reference to the consequences of illegality, discuss those circumstances when a contract could be considered unlawful or illegal.

5. Explain the difference between the concepts of the "Ex turpi causa" rule and the "Par delictum" rule.

Reference no: EM133936473

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