n Tydskrif vir die Suid-Afrikaanse Reg - A new look at materiality

Volume 2010, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



Materiality is one of the most controversial requirements for liability on misrepresentation. Not only is it controversial whether it should be a requirement at all, but even amongst the commentators who support the rule as a general principle, there are considerable differences of opinion as to the circumstances in which it should apply and the form it should take. One of the biggest problems in evaluating these arguments is the failure by both commentators and our courts to clearly articulate the justifications for their viewpoints in relation to materiality. This article will attempt to shed some light on the issues raised by materiality by extrapolating the underlying functions of the materiality requirement from the available materials, and examining how these functions impact on the controversial aspects of materiality.

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