The contract may not be enforceable. Each country is with their peculiarity. The law of contract in South Africa is dynamic.
Generally, a contract is an agreement between two or more parties with the intent of creating a legal obligation. Contract law provides a legal frame work within which persons can transact business and exchange resources, secure in the knowledge that the law will uphold their agreements and, if necessary, realise them.
A concurrence of wills between the parties is usually regarded as the primary basis of contractual liability. However, mistake (error) in contract refers to a situation in which a member of the parties involved acts under a mis know, causing dis agreement between the parties. The courts tend to categorise a mistake as one of unilateral, mutual or common:
Unilateral mistake occurs where only one of the parties is mistaken, while the other party is aware of the mistake.
Therefore, the contract may not be binding on him if considered as a Unilateral mistake.
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