Question
Bongani, a wholesaler in various grades of beans, is also a shrewd businessman operating at 44 Joe Slovo Street in Durban. Bongani experienced a medical
Bongani, a wholesaler in various grades of beans, is also a shrewd businessman operating at 44 Joe Slovo Street in Durban. Bongani experienced a medical emergency and was forced to use part of his cash flow for his "A" grade stock purchases to settle his medical bills. Bongani then tried unsuccessfully to raise funds through certain private investors. He approached his bank but was unable to obtain all the required funds. Bongani's customers approached him requesting urgent delivery of "A" grade beans, unfortunately Bongani did not have sufficient funds to purchase" A" grade beans. Bongani then packages "D" grade beans, which is about ten months old and labels them as "A" grade for delivery to his retail customers. Faizel, Bongani's customer becomes furious when he discovered that he has purchased "D" grade beans marked as "A" grade. Since misrepresentation results in the contract becoming voidable, it has been regarded by our law as improper to obtain consensus in this manner. Advise Faizel of the effects of misrepresentation on a voidable contract. (20)
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