1. Amos approaches you for legal advice on Monday 21 September 2020.

He informs you that he has

concluded a contract of sale of a car with Ben on Friday 18 September 2020. He further informs you
that he has bought the car in a hurry and under pressure from Ben, who is a smooth-talker. The
contract of sale, which is an instalment agreement subject to the National Credit Act 34 of 2005, was
concluded at Amos’s private dwelling. Amos tells you that he wants to cancel the agreement with Ben,
as he no longer wants the car. He would also like his deposit back, which was paid to Ben on the day
the agreement was entered into. The correct advice to Amos is that:

a. due to the fact that an instalment agreement which is subject to the National Credit Act 34 of 2005
is involved, he must surrender the car to Ben, whereafter the car will be sold and the proceeds of the
sale will be set-off against the outstanding balance in terms of the agreement.

*b. he must make use of his cooling-off right on or before Monday 28 September 2020 (as 24
September 2020 is a public holiday) and cancel the agreement, whereafter Ben must pay his deposit
back.

c. he must make use of his cooling-off right on or before Tuesday 29 September 2020 (as 24
September 2020 is a public holiday) and cancel the agreement, whereafter Ben must pay his deposit
back.

d. none of the mentioned options.

2. Amos approaches you for legal advice on Monday 21 September 2020. He informs you that he has
concluded a contract of sale of a car with Ben on Friday 18 September 2020. He further informs you
that he has bought the car in a hurry and under pressure from Ben, who is a smooth-talker. The
contract of sale, which is an instalment agreement subject to the National Credit Act 34 of 2005, was
concluded at Ben’s (a second-hand car dealer) place of business. Amos tells you that he wants to
cancel the agreement with Ben, as he no longer wants the car. He would also like his deposit back,
which was paid to Ben on the day the agreement was entered into. The correct advice to Amos is
that:

a. he must settle the agreement, whereafter the car will become his property.

b. he must make use of his cooling-off right on or before Monday 28 September 2020 (as 24
September 2020 is a public holiday) and cancel the agreement, whereafter Ben must pay his deposit
back.

c. he must make use of his cooling-off right on or before Tuesday 29 September 2020 (as 24
September 2020 is a public holiday) and cancel the agreement, whereafter Ben must pay his deposit
back.

*d. none of the mentioned options.

3. Amos approaches you for legal advice on Monday 21 September 2020. He informs you that he has
concluded a contract of sale of a car with Ben (a second-hand car dealer) on Friday 4 September
2020. He further informs you that the contract of sale, which is an instalment agreement subject to the
National Credit Act 34 of 2005, was concluded at Amos’s private dwelling. Amos tells you that he
wants the agreement with Ben to be cancelled, as he no longer wants the car. The correct advice to
Amos is that:

*a. due to the fact that an instalment agreement which is subject to the National Credit Act 34 of 2005
is involved, he must surrender the car to Ben, whereafter the car will be sold and the proceeds of the
sale will be set-off against the outstanding balance in terms of the agreement. After a surplus is paid
to Amos, or Amos has paid the shortfall, whichever the case may be, the agreement is cancelled.

b. due to the fact that the cooling-off right is not available to Amos, the agreement with Ben cannot be
cancelled in terms of one of the early termination rights in terms of the National Credit Act 34 of 2005.
c. due to the fact that an instalment agreement which is subject to the National Credit Act 34 of 2005
is involved, he must surrender the car to Ben, whereafter the car will be sold and the proceeds of the
sale will be set-off against the outstanding balance in terms of the agreement. As soon as the car is
successfully sold by Ben to a third party and the proceeds is obtained from the sale, the agreement is
cancelled.

d. none of the mentioned options.

4. Katlego approaches you for legal advice on Friday 18 September 2020. Katlego informs you that a
week ago, on Friday 11 September 2020, she bought a car in terms of a written agreement. The
agreement, which is a section 8(4)(f) fixed-sum sale subject to the National Credit Act 34 of 2005, was
concluded at Katlego’s private dwelling. On further inquiry it appears that Katlego bought the car from
John, a second-hand car dealer, and paid a deposit to John on the day the agreement was entered
into. Katlego no longer wants the car and would like her deposit back. The correct advice to Katlego is
that:

a. she must surrender the car to John, whereafter the car will be sold and the proceeds of the sale will
be set-off against the outstanding balance in terms of the agreement.

b. she must settle the agreement, whereafter John must pay her deposit back.

c. she must make use of her cooling-off right on or before Friday 18 September 2020 and cancel the
agreement, whereafter John must pay her deposit back.

*d. none of the mentioned options.

5. Katlego approaches you for legal advice on Friday 18 September 2020. Katlego informs you that a
week ago, on Friday 11 September 2020, she leased a car in terms of a written agreement. The lease
agreement, which is subject to the National Credit Act 34 of 2005, was concluded at Katlego’s private
dwelling. On further inquiry it appears that Katlego leased the car from John, a second-hand car
dealer, and paid a deposit to John on the day the agreement was entered into. Katlego no longer
wants the car and would like her deposit back. The correct advice to Katlego is that:

a. she must surrender the car to John, whereafter the car will be sold and the proceeds of the sale will
be set-off against the outstanding balance in terms of the agreement.

b. she must settle the agreement, whereafter John must pay her deposit back.

*c. she must make use of her cooling-off right on or before Friday 18 September 2020 and cancel the
agreement, whereafter John must pay her deposit back.

d. none of the mentioned options.