Parys Development Properties (Pty) Ltd v Metzer and Another (A208/14, 26097/11)
Parys Development Properties (Pty) Ltd v Metzer and Another (A208/14, 26097/11) [2015] ZAWCHC 199 (3 December 2015)
The court found that the respondent signed the agreement of suretyship under a material mistake, believing she was signing a lease agreement. Although her signature constituted a misrepresentation to the appellant, the appellant, having drafted the documents and being aware of the respondent's lack of involvement in negotiations, had a duty to alert her to the nature of the document. The appellant's reliance on the respondent's signature as an intention to be bound was unreasonable. The court held that a reasonable person in the appellant's position would not have been misled. Furthermore, th…
Source excerpt
- Suretyship
- Condonation
- Unilateral Mistake
- Iustus Error
- Rule 50 Non Compliance
- Rule 51 Non Compliance