INTRODUCTION LECTURE

Definition of a contract of sale Essentialia Compare contracts of sale to other types of contract The effect of statute law on the common law of sale

Essentialia: Object of the sale and price.

Agreement on the object of the sale Agreement on the price to be paid

Duty to warrant against latent defects.

Express/Tacit warranty To warrant fitness for purpose To warrant reasonable merchantable quality

The duty to pay the purchase price The duty to remove the object of sale or it is to be delivered, to receive it.

Voetstoots clause Risk and benefit

Nature and effect of a contract of lease Essentialia: Agreement on the use and enjoyment of the leased property

Assessment 1 Feedback

AGREEMENT ON RENT DURATION OF THE LEASE

Duty to make available the use and enjoyment of the property Duty to refrain from disturbing the lessee in the enjoyment of the property: the duty to gibe undisturbed use (commodus usus)

THE LESSORS DUTY TO PLACE AND MAINTAIN THE PROPERTY IN THE CONDITION AGREED UPON, OR, FAILING AGREEMENT, IN A CODITION REASONABLY FIT FOR THE PURPOSE FOR WHICH THE PROPERTY IS LET

Remedies (continued) Duty to warrant against latent defects? Duty to warrant against eviction Duty to pay taxes

LESSORS DUTIES

DUTY TO PAY RENT

Supplementary relief in addition to cancellation The lessors residual hypothec

CONTRACT OF SALE Definition Essentialia Role of intention in cases of dispute Sales compared to other analogous contracts The effect of statutes on common law sale

Agreement on the thing to be sold: Defined and ascertainable

Agreement on the price to be paid: The price must be in money or partly in money

Duty to take care of the merx until it is handed over and buyers remedies Duty to make the merx available and buyers remedies

The obligation to transfer ownership, failing which, to warrant against eviction The relationship between payment of the purchase price and transfer of ownership Special rules in sale: immovable property, incorporeals and corporeals Warrant against eviction The buyers remedies

THE QUALITY OF THE THING SOLD Defects Patent defects vs latent defects Fraudulent concealment of a defect

The buyers obligations and sellers rights National Credit Act position: prepayment and early settlement; debt review and debt rearrangement

The nature of a contract of lease Essentialia: agreement on the use and enjoyment of the property