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If you we're **** to just to get you to sign a contract know that it is ******* and south Africa law says "Where a person enters into a contract on the strength of a misrepresentation made to him, or as a result of duress or undue influence by the other party, the agreement is nevertheless valid because there is no dissensus. Since the consensus was improperly obtained, however, the contract is voidable at the instance of the innocent party. The remedy used to set aside a voidable contract is rescission coupled with restitution (known as restitutio in integrum), and is available as both an action and a defence. Of course, the innocent party may also elect to uphold the contract. The conduct of the party who induces a contract by improper means frequently constitutes a delict. In such a case, the innocent party may recover damages in respect of any financial loss suffered as a result of the delict, irrespective of whether he elects to affirm or rescind the contract. Despite the contractual context, the damages are delictual in character and are assessed according to the party’s negative interest. South African law recognises the following grounds for setting aside a contract: Misrepresentation Duress Undue influence Commercial bribery It seems likely, but is not yet certain, that further grounds will be recognised in future, in circumstances where a party’s consent to a contract has been improperly obtained. A misrepresentation is a false statement of past or present fact, not law or opinion, made by one party to another, before or at the time of the contract, concerning some matter or circumstance relating to it. Misrepresentations are classified as being **********, negligent or innocent. Misrepresentations must be distinguished from: Warranties and contractual terms Opinions, predictions and statements of law Puffery (general laudation or simplex commendatio) Dicta et promissa or material statements by the seller to the buyer during negotiations, bear on the quality of the thing sold, but go beyond puffery, and give rise to the aedilitian remedies (the actio redhibitoria and the actio quanti minoris) if proven unfounded. Misrepresentation and mistake are distinct legal concepts in the law of contract; they also give rise to distinct remedies. Mistake presupposes an absence of consensus and renders the contract void ab initio, whereas a contract induced by a misrepresentation is valid but voidable. Irrespective of whether the misrepresentation was made **********ly, negligently or innocently, a party is entitled to restitutio in integrum if the misrepresentation Was made by the other party Was made with the intention of inducing a contract In fact induced the contract Was material There are two recognised types of contract-inducing *****, namely dolus dans locum in contractui and dolus incidens in contractum. If, but for the *****, the contract would not have been concluded at all, it is dolus dans; if there would still have been a contract, but on different terms, it is dolus incidens. Although this point has not yet been settled, dolus incidens probably gives a right only to damages, not to rescission of the contract; this is likely also to apply to an ‘incidental’ misrepresentation made without *****. Whether the contract is set aside or upheld, the represent may claim damages for any financial loss that he has suffered as a result of the misrepresentation. It makes a difference, though, whether the misrepresentation was made **********ly, negligently or innocently. Since Ancient Roman times, it has been recognised that ***** is a delict, and that ********** misrepresentation accordingly gives rise to a claim for delictual damages. Only very recently was it decided that the same applies to a negligent misrepresentation. These damages, being delictual in character, are measured according to the plaintiff’s negative interest and include compensation for consequential losses. In the case of an innocent misrepresentation, there can be no claim for delictual damages, since the misrepresentation was made without fault; nor a claim for contractual damages, since there is no breach of contract—unless, that is, the representation was warranted to be true. Where the innocent misrepresentation amounts to a dictum et promissum, however, the purchaser may claim a reduction of the price under the actio quanti minoris: a limited form of relief, because not compensating for consequential losses caused by the misrepresentation. A misrepresentation may be made by words or conduct or even silence. This last occurs when a party fails to disclose a material fact in circumstances where there is a legal duty to do so. In the past, the law recognised such a duty to speak in only a limited number of exceptional cases—where, for example, there is a special relationship of trust and confidence between the parties, as in the case of partners, or where a statute obliges a person to disclose certain information. Today, however, a general principle is emerging that requires a party to speak when the information in question is within his exclusive knowledge, and is of such a nature that the other party's right to have the information communicated would be mutually recognised by honest persons in the circumstances. A failure to speak in such circumstances entitles the other party to the same remedies as in the case of a positive misrepresentation. Duress or metus is improper pressure that amounts to ************. It involves coercion of the will: A party is forced to choose between entering into a contract and suffering some harm. A party who consents to a contract under such circumstances does so out of fear inspired by an illegitimate threat. The consent is real but improperly obtained. The contract, therefore, is valid, but it may be set aside at the election of the threatened party, provided that certain requirements are met. There is some uncer*****y about what these requirements are. It is established that the threat must be ******** or contra bonos mores, and must have induced the contract. According to some authorities, the induced party must have a reasonable fear of some imminent or inevitable harm to him- or herself, or to his property or immediate family. In the case of a threat directed at property (duress of goods), the courts have required an unequivocal protest at the time of entry into the transaction. In addition to rescission and restitution, the threatened party may recover damages in delict for any loss caused through entry into the contract. Undue influence is also a form of improper pressure brought to bear upon a person to induce a contract, but the pressure is more subtle, involving as it does, without any threat of harm, an undermining of the will of the other party. The pressure usually emanates from a close or fiduciary relationship in which one party abuses a superior position to influence the other. To set aside a contract on the ground of undue influence, the party so affected must establish that the other party obtained an influence over him, that this influence weakened his powers of resistance and rendered his will compliant, and that the other party used this influence in an ************ manner to induce an agreement that he would not have concluded with normal freedom of will. (Some authority also requires prejudice, but this is disputed.) Unconscionable exploitation of another's emergency is akin to undue influence: Both have been described as abuse of circumstances, and both render the contract voidable. In suitable cases, delictual damages may also be claimed. Commercial bribery is now recognised as a further distinct ground for rescinding a contract. "