Exam (elaborations)
Exam (elaborations) Commercial Law IC (CLA1503)
- Course
- Commercial Law IC (CLA1503)
- Institution
- University Of South Africa (Unisa)
The following will provide you with accurate and trustworthy answers
[Show more]
Seller
Follow
Content preview
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller annelizevandeventer27. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R80,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now