n Without Prejudice - The dangers of signing documents without reading them : the law
|Article Title||The dangers of signing documents without reading them : the law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Publication Date||May 2011|
|Pages||21 - 22|
In a judgement delivered on November 30 2004, the SCA upheld the defence of iustus error at the expense of the caveat subscriptor rule. The case concerned Brink v Humphries & Jewell (Pty) Ltd in which the contract denier, a director of a company, had completed an application for future credit on behalf of the company. The application form also imposed a suretyship obligation on the person signing it in respect of the company's indebtedness to the contract assertor.
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