UNISA CLA 1503 – Assignment questions 2.

A,C & D
1. CONTRACT OF SALE (CHAP 13) 3. B&D
4. A, B & D

1. 7. A and B enter into an agreement in terms of which B will

Which one of the following statements is correct? use A’s car for a period of two weeks. After
1. An important objective of the alienation of Land Act 68 of A period of two weeks, B makes an offer to A to buy A’s
1981 is to protect sellers of land in unproclaimed townships car. They agree on terms of payment and B buys the car,
should proclamation not eventually take place.
(sellers?) Which one of the following forms of delivery has taken
2. The alienation of Land Act 68 of 1981 provides that place?
consideration may be received in respect of the sale of a
stand or sectional title unit which is not yet registrable.(not 1. delivery with the long hand
provide) 2. symbolic delivery
3. A purchaser of Land has the right to claim transfer of land 3. delivery with the short hand
on his name once at least 50% of the purchase price has 4. no delivery took place
been paid.
4. When the transfer of land is registered , a mortgage bond 8.
over the land is simultaneously registered in favour of the Which one of the following actions can the purchaser use if the
seller. (Balance) merx has a defect which does not render it completely useless?

1. Action Quanti minoris

2. Which of the following is an example of delivery with the 2. Actio redhibitoria
short hand? 3. Rei vindication
A Peter points out his car to Jennie which he wants to 4. Actio ex empti
sell to her.
B Peter hands his car keys to Jenny after he has sold it to 9.
her. Consider the following statements:
C Jennie has Peter’s car in her possession before she
buys it from him. A. J agrees to deliver his farm “Sweet Valley” to P in exchange
for P’s farm.
B J agrees to deliver his farm “ Sweet Valley” to P against the
3 If a merx is bought and it has a latent defect which is not payment of R 1 mil
so material that the buyer would have refused to buy it if C J agrees to deliver a game farm of P’s choice against
he had known about the defect, the buyer will have to be payment of R 1 mil.
satisfied to claim a reduction of the purchase price. This D J agees to deliver his farm “sweet Valley” to P against
is known as: payment of a price to be determined by the Land Bank.
A actio quanti minoris
B actio redhibitori Indicate in which statements valid contracts of sale were
C actio empti concluded:

1. A&B
4 What does the term “voetstoots” mean? 2. A&C
A. An article is sold with a latent defect. 3. A&D
B. The article is sold “as is”. 4. B&C
C. The contract of sale has a resolutive condition. 5 B&D

5 10.
In which of these circumstances may the actio redhibitori be
used?
A. The latent defect is so material that if the buyer had
known of it they would not have bought the article.
B. The latent defect is not so material so the buyer would
still have bought the article if he had known about the
defect.
C. Where the merx is delivered without the good qualities
guaranteed by the seller.
Which one of the following is correct?
1. In a contract of sale the seller agrees to deliver the merx in
exchange for the purchase price.
2 The merx is only definite or ascertainable if it is corporeal.
3 In a warranty against eviction the seller undertakes to
preserve the merx until delivery to the purchaser.
4. The only remedy for a defect which is so material as to
render the merx useless or less useful for the purpose for
which it was bought, is the action redhibitoria.

6. Consider the following statements:
A Consensus regarding the date and time of delivery
B Consensus regarding the merx
C Consensus regarding the intention to pass ownership
D Consensus regarding the purchase price
Which of the above are the essentialia of a contract of
sale?
1. A&C
CLA 1503 Contracts
11.
Thabo orders 10 tons of mopane worms from Tesane to be
delivered by 25 December 2005, to arrive on
time for a Christmas celebration at his resuarant.
Tesane collects the mpoane worms early in December. His wife
suddenly gets ill and he has to go her
Village and look after her. He instructs his 10 year old son to
clean, roast and pack the worms in time for
delivery to Thabo. On his return he finds the worms rotten. He
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washes the worms and leaves them in the
sun to dry. He then packs them into sacks and delivers them to 15
Thabo. He collects the purchase price for Which one of the following is an example of transfer of ownership
them. Thabo soon notices a bad smell from the sacks. He by Constitutum Pssessorium?
discovers that half the worms are not edible.
1. A lends a horse to B. While the horse is in B’s possession,
Consider the following statements: they agree that she will buy it from A.
A Thabo has to bear the loss as the contract was concluded 2. The merx is pointed out and made available to the buyer
prior to the loss 3. Anne sells her horse to B. They agree tha A will hire the
B Thabo may seek relief ito action redhibitoria horse from B. The horse remains in A’s possession.
C Thabo cannot sue Tesane for damages or breach of 4. A sells her horse to B. She delivers the horse by driving it to
contract as it was not Tesane’s fault some of the worms are B’s farm.
bad. (on latent defects only)
D The damage could not be detected when Tesane delivered 16.
the worms to Thabo. Lara buys a horse from M. The purchase price is paid and the
horse is delivered to Lara. 3 months later ,John claims the horse
Indicate which of the above statements are correct. from L. John is able to prove that the horse belonged to him, but
was stolen by X, who in turn sold it to M. M had not been aware
1. A&B that the horse was stolen.
2. B & C (SHOULD BE B & D)
3. B only Which one of the following statements is correct?
4. C&D 1. Lara can bring rei vindication against John.
5. D only ………………I get B & D 2. Lara can claim damages from X
3. The contract between Lara and M is void because of
12 supervening impossibility of performance
Sue is renting Sam’s house, agrees to buy the house. Sue gives 4. The contract between L & M is void because it is legally
security for the paymnt of the purchase impossible
price., and Sam hands her the keys to the house. 5. L can claim damages from m if she returns the horse to
John. (Warranty against eviction)
Which one of the following statements is correct?
1. Ownership passed from Sam to Sue because symbolic 17.
delivery took place. The fact that a contract of sale is perfecta means that:
2. Ownership passed from Sam to Sue because constitutum
possessorium took place 1. The purchaser acquires ownership of the merx
3. Ownership did not pass from Sam to Sue, because Sue did 2. The seller and the Purchaser are released from their
not pay the purchase price. respective obligations.
4. Ownership did not pass from Sam to Sue, because 3. The risk of accidental damage to or loss of the merx
registration has not yet taken place. passes to the purchaser
4. If the merx is accidentally damaged or lost before delivery
13 takes place, the seller bears the loss.
G buys a car from S for R 40 000. One week later G is unable to
get the car going and has to have the car towed to a service
station. 18. (I do not Agree , but that’s what UNISA say)
The towing costs R 1 500. They tell him the gear box has seized Joan who is in JHB, buys 6 bottles of scarce wine from P in Cape
up. It appears the problem existed even before G bought the car town. The Bottles of wine are to be transported to JHB by acourier
from S, but S was unaware of this. According to the service company. Joan has given security for payment of the purchase
Station the value of the defective car is now only R 10 000 price.
Joan acquires ownership of the 6 bottles of wine at the time of
Which one of the following statements is correct?
1. delivery of the six bottles of wine
1. G has no remedy because S did not know about the defect. 2. payment of the full purchase price
2. G may claim R 41 500 from S on returning the car to S 3. conclusion of the contract of sale
3. G may claim R 40 000 from S on returning the car to S 4. payment of the full purchase price after delivery of the six
4. G may claim R 10 000 from S on returning the car to S bottles of wine.

14
L sells H a mare for the purpose of horse racing. 2 months later,
much to both parties surprise, the mare dies of a weak heart after 19.
a race. A post-mortem on the mare shows that she was born with
a weak heart. What is the position if 4 of the 6 bottles of wine referred to in (18)
above are broken in a car accident caused by another motorist,
Which one of the following statements is incorrect? on the road to JHB.

1. L is entitled to the corpse of the mare 1. J & P are released from their respective obligations.
2. L must repay H R 500 000 2. J is obliged to pay the full Purchase Price, even though
3. L must repay H R 500 000, as well as interest on that she will receive only 2 bottles.
amount. 3. J can claim a reduction in the purchase price.
4. L does not have to pay the vets account for treating the 4. P is obliged to replace the 4 bottles that are broken
mare after the race.
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 Rebecca goes to Bakone Cafe to buy a tin of fish. After taking the
20. money, Wilfred, the shop owner, takes the fish from the-shelf
T sells R her old Washing machine for r 1000 on 1 March. They behind him and gives it to Rebecca.
agree that delivery will take place on 3 March, because T must
collect the washing machine from her cousin. T collects it on 2 Which one of the following forms of delivery has taken place?
March. She leaves the machine in her garden, from where it is 1. delivery with the short hand
stolen that night. 2. delivery with the long hand
3. symbolic delivery
Which of the following statements is correct? 4. actual delivery

1. T must bear the loss (reverted, did not preserve merx) ------------------------------------------------------------------------------------
2. R must bear the loss Q26
3. No contract came into existence, because T is unable to Which ONE of the following statements is correct?
deliver the Machine
4. R must still pay the Purchase price to T , because she 1. Movables are transferred by way of
should have collected the washing machine from her. registration in the name of the purchaser at the
deeds office.
21. 2. The risk of accidental damage to the merx
A selects and buys 20 PC’s from PC CO on Friday. He arranges
to pick up the PC’s on Monday. The computers A chooses are set passes from the seller to the purchaser after
aside in a store-room. A and PC Co agree that the price is R 60 the purchaser has become the owner
000. During the weekend, an electrical fault causes a fire in the 3. A Purchaser who wants to institute a claim
store room in which the PC’s are kept. They are completely because of a latent defect in the merx must
destroyed.
prove that he or she was unaware of the
Which one of the following statements is correct? defect when the contract was concluded.
1. All contractual obligations are terminated because of 4. The seller can transfer ownership of the merx
supervening impossibility of performance. to the purchaser even if he or she is not the
2. PC Co has committed a breach of contract in the form of owner of the merx.
Mora Debitoris.
3. A will still have tp perform ito the contract, but he is not
entitled to receive new computers. Q27
4. PC Co is obliged to replace the destroyed computers with Johan steals a car from Benny He then sell it to Brian for
another 20 computers. R.50 000 because it has engine problem? He does not
disclose the problems to Brian. A month later. Benny claims
the car from Brian. Brian is unhappy about Benny's claim
Q 22
and warns to claim the purchase price back from Johan.
Consider the following requirements:
On which ONE of the following grounds should Brian rely in
1. Agreement on Purchase price
2. Agreement regarding a warrenty against latent defects
order to succeed with the actio empti against Johan?
3. Agreement regarding the merx
4. Agreement that the merx be delivered
1. defective performance
2. misrepresentation
Which of the above are the essential characteristics of a contract 3. manufacturer's liability
of sale? 4. Breach of warranty against eviction
1. B&C Q 28
2. A&C
3. A&D Abner rebuilds a Mini motorcar. Due to the difficulty in
4. B&D obtaining a fanbelt for the car he uses a nylon stocking
instead. He then sells it “as IS” (Voetstoots) to Sarel, a
Q 23
M wants to buy 20 bags of flour from S Mills.
student, with no knowledge of cars. On Sarel’s way home
Which one of the following will not qualify as an acceptable the stocking melts and the resultant over-heating causes
purchase price? severe damage to the engine.

1. 200 loaves of bread Which of the following statements is CORRECT?

2. R 4 000
3. An amount determined by Luke, a financial advisor.
1. Sarel has a claim against Abner. because an implied
4. R 25 per bag of flour. warranty against latent defects is read into every
contract of sale, notwithstanding the inclusion of an “as
Q 24 is” (voetstoots) clause.

Q 25 2. Sarel has a claim against A because A knew about

the defect, and is therefore not able to rely on the
“as is” Voetstoots clause

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3. Sarel has no claim against A because the warrenty
against latent defects was excluded by stating that the
Mini is sold “as is” (voetstoots)
4. Sarel has no claim against A, because A’s concealment
of the use of the nylon stocking does not amount to
misrepresentation.
Q29
Thembi borrows a Commercial Law textbook from her
roommate Grace. Thembi use this book to prepare for her
examination. After Thembi has passed all her first year
subjects, she decides to sell her textbooks.
She sells the commercial Law textbook to Albert for R 10.
Which ONE of the following statements is CORRECT?
1. A valid contract of sale was concluded between Thembi
and Albert, but ownership did not pass to Albert
2. A valid contract of sale was concluded between
Thembi, and Albert, and ownership passed to Albert
3. No valid contract of sale was concluded Between T
& A since T was not the owner of the textbook.
4. A will be able to rely on the warranty against latent
defects should Grace claim the book from him.

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