Exam (elaborations)
CLA1501 assignment 2 100% answers
- Course
- Commercial Law IA (CLA1501)
- Institution
- University Of South Africa (Unisa)
CLA1501 assignment 2 mcq 100% expeected question and answers
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9/24/23, 12:03 PM Assessment 2: Attempt reviewUNISA 2023 CLA1503-23-S2 Welcome Message Assessment 2
QUIZ
Started on Sunday, 17 September 2023, 11:40 AM
State Finished
Completed on Sunday, 17 September 2023, 11:54 AM
Time taken 14 mins 1 sec
Marks 10.00/10.00
Grade 100.00 out of 100.00
https://mymodules.dtls.unisa.ac.za/mod/quiz/review.php?attempt=13433395&cmid=622278 1/11
, 9/24/23, 12:03 PM 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 rights and duties of the purchaser and seller are agreed upon.
3.
the transfer of ownership and the passing of the risk
4. the delivery of the merx
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.
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=13433395&cmid=622278 2/11
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