n South African Law Journal - Pre-contractual misrepresentation, contractual terms, and the measure of damages when the contract is upheld

Volume 125, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



This article offers an alternative to the current method of calculating damages in instances of pre-contractual misrepresentation inducing a contract which is subsequently upheld by the misrepresentee (while answering objections to this approach gleaned from certain key cases), and suggests a solution that is simple, fair and reasonable. The article does not deal with pre-contractual fraud in general, but looks specifically at the issue of a false representation pertaining to a contractual term, which legal practitioners and courts find difficult to classify. Is it a delict, a breach of contract, or a contractual delict?

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