BER 310 – Chapter 3

Question 1:
A went to an Art Gallery with the purpose of buying a painting. A saw a beautiful painting and
decided to buy it. Answer the following questions and provide reasons for your answers:

1.1 Suppose A thought he bought the painting, whereas he actually rented the painting from the Art
Gallery for a period of 6 months. Advise A wheter or not a valid contract was concluded.

Answer: This matter deals with error – specifically error regarding the nature of the agreement.
Consensus is not reached between the parties – A & the Art Gallery. No valid contract (Void- ab
initio) comes into existence because the requirement of consensus is lacking.

1.2 Suppose A is a very religious person and a pastor of his church persuaded him to buy this very
expensive painting and donate it to their church. Was a valid contract concluded?

Answer: This matter deals with undue influence of the pastor on A; contract is valid but voidable at
A’s choosing based on undue influence.

1.3 The Art Gallery told A, by mistake and without making sure of their facts, that the painting he
bought was an original Pierneef piece. Later it turned out to be a fake. Advise A.

Answer: This is a negligent misinterpretation as the Art Gallery never made sure of their facts and
thus made a false statement to A. This contract is valid but is voidable at A’s choosing.