n Without Prejudice - Remedies for fundamental mutual mistakes : contract law

Volume 8, Issue 6
  • ISSN : 1681-178X



The issue of a fundamental mutual mistake was dealt with by Buruchowitz J in 2008 (1) SA 279 (W). In this matter the parties had entered into a sale agreement for certain motor vehicle parts, being clutch parts. Later, and subsequent to the conclusion of the agreement, it came to light that the parties had fundamentally disagreed as to the exact subject matter of the sale.

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