CHAPTER 12 RISK AND BENEFIT CHAPTER 14 THE NATURE OF A CONTRACT OF LEASE

Chapter 19 The obligations of the lessee The duty to pay rent

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

LESSEES DUTY TO TAKE PROPER CARE OF THE PROPERTY AND NOT USE IT FOR A PURPOSE OTHER THAN THAT FOR WHICH IT WAS LET

ON TERMINATION OF THE LEASE, TO RESTORE THE PROPERTY IN THE SAME GOOD ORDER AS IT WAS WHEN IT WAS RECEIVED, REASONABLE FAIR WEAR and TEAR EXCEPTED

The nature of a contract of sale Definition Essentialia The role of intention in cases of dispute The effect of statutory law on the common law of lease

ESSENTIALIA: AGREEMENT ON THE OBJECT OF SALE The merx must be defined and ascertainable The merx should exist at the time of the sale, or have the potential to exist things previously in existence - emptio rei speratae - emptio spei ESSENTIALIA: AGREEMENT ON THE PURCHASE PRICE The price must be in money or partly in money The price must be certain or ascertainable - Issues concerning ascertainability and reasonable price

Warranty against eviction Remedies

Price must be certain or ascertainable Formulae "a reasonable price" formula Nomination of a third person or group of persons to fix the price The price and the CPA

CHAPTER 12 RISK AND BENEFIT

CHAPTER 8 OBLIGATIONS RELATING TO THE QUALITY OF THE RES VENDITA The quality of the thing sold Defects Fraudulent concealment of a defect CHAPTER 11 COMMON STANDARD PROVISIONS The voetstoots clause

THE SELLER HAS GIVEN AN EXPRESS OR TACIT WARRANTY OR GUARANTEE ABOUT THE GOODS To warrant fitness for purpose To warrant reasonable merchantable quality CHAPTER 9 THE BUYERS OBLIGATIONS AND THE SELLERS RIGHTS To pay the price To remove the thing or if it is bought to him to receive it

PART B LAW OF LEASE Chapter 14 Nature of a contract of lease Chapter 15 Agreement on the use and enjoyment Chapter 16 Agreement on rent

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)