There is also no direct correlation between the compulsory assignment and the examinations. The
value of the assignment lies in its proper completion and your interaction with the study material, in
other words, your ability to apply the theory contained in the study material to problems. In that
sense the assignment does provide a valuable exercise for purposes of examination preparation.
Furthermore, the mark you obtain does not necessarily have a bearing on the mark that you will
obtain in the examination. Even if you did well in the assignment it does not necessarily mean that
you know or even understand the work sufficiently. We must emphasise that the prescribed cases
form an integral part of the material that must be studied for examination purposes.
We provide the answers with reference to the relevant parts in the Study Guides, where applicable:
Question 1
Which one of the following statements is correct?
(1) A valid contract of sale is concluded only after the seller has delivered the thing sold to the
purchaser.
(2) In SA Wood Turning Mills (Pty) Ltd v Price Bros (Pty) Ltd 1962 (4) SA 263 (T) the court held that
the contract was a locatio conductio operis.
(3) An emptio spei is a contract of sale subject to a suspensive condition.
(4) A contract of sale in which a dentist undertakes to make a set of dentures with the dentist’s own
material for a patient for R2000 is an emptio rei speratae. (1)
Answer
(4) In SA Wood Turning Mills (Pty) Ltd v Price Bros (Pty) Ltd 1962 (4) SA 263 (T) 266 the court held
that where a person makes an article from his own material for someone else the contract is one of
sale. In this case it is the sale of a thing yet to come into existence or rather an emptio rei speratae
See further Study Guide 2 5-7.
Question 2
Jack agrees with John to sell his house to John for an amount of R750 000, including agent’s
commission. Later the agreement is reduced to writing but the contract does not stipulate that the
price includes agent’s commission although it does state that agent’s commission is payable by the
purchaser. Jack now asserts that John must pay agent’s commission in addition to the purchase
price. What would the appropriate remedy for John be in the circumstances:
(1) An action for breach of contract.
(2) An action for declaring the contract void for material mistake.
(3) An action based on misrepresentation.
(4) A claim for rectification. (1)
Answer
(4) The deed of alienation does not accurately reflect the intention of the parties, but it is prima facie
valid and therefore is capable of being rectified. See further Study Guide 2 23-24.
, 3 LPL4018/201
Question 3
Which one of the following statements is incorrect?
(1) A person need not be the owner of a thing to validly sell it.
(2) The Aedilitian actions are available where the thing sold suffered from a latent defect.
(3) The seller’s liability for damage to the thing sold after conclusion of the contract but before
delivery is based in delict.
(4) A registered servitude can interfere with the seller’s duty to deliver the thing sold. (1)
Answer
(3) The seller’s liability for damage to the thing sold after conclusion of the contract but before
delivery is not based in delict but in contract. See further Study Guide 2 37-39.
Question 4
Van der Merwe v Meades 1991 (2) SA 1 (A) implies that where a sale agreement contains a
voetstoots clause the seller:
(1) will not be liable for breach of contract
(2) may be absolved from liability for fraudulent misrepresentation by way of omission
(3) may be absolved from liability for negligent misrepresentation by way of omission
(4) will not be liable on the basis of a tacit warranty. (1)
Answer
(3) In Van der Merwe v Meades the court held that where there was an omission regarding a latent
defect a seller would only be deprived of the protection afforded by a voetstoots clause where the
purchaser could prove that the seller was actually aware of the existence of the defect and dolo
malo or intentionally kept silent with the purpose of defrauding him. The implication is that where the
seller is unaware, but negligent, he may be absolved from liability for negligent misrepresentation
(by way of omission) specifically as regards the latent defect. See further Study Guide 2 57.
Question 5
In Minister van Landbou-Tegniese Dienste v Scholtz 1971 (3) SA 188 (A) the purchaser based its
claim against the seller on:
(1) breach of an ex lege term
(2) breach of a tacit warranty
(3) the Aedilitian actions for latent defects
(4) fraudulent misrepresentation. (1)
Answer
(2) See Minister van Landbou-Tegniese Dienste v Scholtz 202-203.
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