Exam (elaborations)
Exam (elaborations) Commercial Law IC (CLA1503)
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19/09/2023, 09:21 Assessment 2: Attempt reviewCLA1503-23-S2 Welcome Message Assessment 2
QUIZ
Started on Sunday, 27 August
2023, 9:53 AM
State Finished
Completed on Sunday, 27 August
2023, 9:57 AM
Time taken 3 mins 52 secs
Marks 10.00/10.00
Grade 100.00 out of 100.00
https://mymodules.dtls.unisa.ac.za/mod/quiz/review.php?attempt=12682824&cmid=622278 1/21
,19/09/2023, 09:21 Assessment 2: Attempt review
Question 1
Correct
Mark 1.00 out of 1.00
Mpho wants to enter into a contract of
sale with Moremi for the sale of his
motorbike for R44 000.
On which of the following essential
characteristics or essentialia must Mpho
and Moremi agree before the contract
can be described and treated as a
contract of sale?
1. the purchase price and the
merx
2.
the delivery of the merx
3. the rights and duties of the
purchaser and seller are agreed
upon.
4. the transfer of ownership and the
passing of the risk
Your answer is correct.
FEEDBACK ON QUESTION 1
(Chapter 13: Contract of Sale)
1 is CORRECT. Parties have to agree on
the purchase price and merx before the
contract can be described and treated as
a contract of sale. These two
characteristics are, therefore, the
essentialia of a contract of sale. For a
contract to qualify as a specific type of
contract certain essentialia or
characteristics must be present.
2 is INCORRECT. Although the purchaser
is entitled to delivery of the merx, delivery
is a common law right to which the
purchaser is entitled. Delivery of the merx
is not an essentiale of the contract of
sale.
3 is INCORRECT. A contract is classified
as a specific contract if certain
essentialia are present. The rights and
duties flowing from a contract of sale,
flow automatically from the fact that the
contract can be classified as such. The
rights and duties are consequences of
the contract having been so classified,
and not the reason why a contract can be
classified as such.
https://mymodules.dtls.unisa.ac.za/mod/quiz/review.php?attempt=12682824&cmid=622278 2/21
, 19/09/2023, 09:21 Assessment 2: Attempt review
4 is INCORRECT. The transfer of
ownership is usually the primary purpose
of the parties to a contract of sale. It’s not
one of the essentialia of a contract of
sale, nor is it an automatic consequence
of the execution of a contract of sale.
The correct answer is:
the purchase price and the merx
https://mymodules.dtls.unisa.ac.za/mod/quiz/review.php?attempt=12682824&cmid=622278 3/21
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