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Summary KRG 120 Duties of Seller Chapter 14 R80,00   Add to cart
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  3. University Of Pretoria (UP)
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  5. KRG 120 (KRG120)

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Summary KRG 120 Duties of Seller Chapter 14
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Explains the 3 main duties of the seller as set out in the KRG120 textbook "Commercial Law" by Nagel et al. Namely: duty of safe keeping, passing of ownership and warranties against eviction and latent defects.

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  • Chapter 14
  • August 28, 2022
  • 9
  • 2022/2023
  • Summary

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Duties of seller


certain duties exist law natural 'd
by operation of




of
Safe-keeping Duty Passing warranties against
:




of care .
Ownership a) Eviction

b) Latent Defects




of seller ① of
↳
Duty arises from conclusion of contract until obj 2
buyer .




When can
buyer claim damages from seller :
(14.03-14.05)

<

Intentional conduct
Negligent conduct wth buyer
> :
Mora

seller intended specific Does × act like reasonable man debitoris mora

of act 2 Forms creditor is ( fails 2
consequences
> :
.




1. Carelessness .

pay price relieve
2. Gross
negligence .

obj sold ) seller
liable wth
only
General rule liable wth conduct Wto fault caused
seller
damages
> : × .




Exception debitoris fails )
seller Mora 2 deliver
thing sold intentional thro
•
:




resp 4
any damages even in absense fault .



gross negligence .




acts of
↳
By coincidence , God ,
fire / floods /
earthquakes / war

conduct of either
↳ ✗
by culpable party .




Doctrine of of
↳
passing
risk determines whether
buyer seller bears risk .




Principles of of benefits
↳
applied 2
passing risk also applies 2 allocation .

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