Invalid consensus and defective will in contract law Philani Lithandane Ndlovu

Описание к видео Invalid consensus and defective will in contract law Philani Lithandane Ndlovu

Consensus is a critical basis for contractual commitment. However, as a subjective element of contractual commitment, it is augumented by the objective elements in terms of which parties are held to contracts on grounds of their actions which are external manifestations of their intentions. If their actions communicate a contrary message to what they actually intend, they are, nevertheless held to the contract. Imagine a party who is misled by the actions of another and is thereby induced to conclude a contract in response to the misleading conduct of the other contracting party, it would yield inequitable results if the deceptive party were left to benefit my the fruits of his / her deceptive conduct.

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