A CRITICAL APPRAISAL OF THE PRINCIPLES RELATING TO MISTAKE AND MISREPRESENTATION AS FACTORS AFFECTING CONSENSUS IN CONTRACTUAL AGREEMENTS IN THE NAMIBIAN CONTEXT: DISCUSSION THROUGH THE USE OF EXAMPLES

This article suggests that when those engaging in commercial undertakings have a proper understanding of the principles law contract, particularly, pertaining to consensus, they will limit risks conduct cause them financial loss. The definitions mistake and misrepresentation (being factors affecting consensus) need be amplified avoid existing confusion between two terms. Misrepresentation may lead different respective outcomes possible remedies, thus necessitating distinction In this light, explores proposes similarities differences misrepresentation. further emphasises fact involves some form incorrect representation facts, whereas case mistake, there is essentially no representation. Mistake can said involve misapprehension given information, although such information not incorrect. It submitted courts should go than merely looking at black-and-white before them; must also pay attention parties, intention parties resulting consequences.