CONTINUATION OF SU 1.2 & 1.3

Question 1

3. WARRANTY AGAINST EVICTION
   “WHAT IS EVICTION”:

Answer 1

Eviction can be defined as any action by a third party who has stronger rights in the object sold than the buyer, and who deprives the buyer the total or partial use, enjoyment and disposal of the object sold.

Question 2

BURDEN OF PROOF:

Answer 2

the burden of proof does not rest with the third party, but it rests with the buyer.

Question 3

RULES:

Answer 3

1. the buyer must not surrender the object sold to someone threatening her with eviction.
2. the buyer must notify the seller of the threatened eviction.

Question 4

4. WARRANTY AGAINST LATENT DEFECTS:

Answer 4

the type of warranty will determine what exactly the buyer may claim from the seller.

Question 5

COMMON LAW REMEDIES AGAINST LATENT DEFECTS:

Answer 5

1. Aedilitian actions (actio quanti minoris and actio redhibitoria)
2. Actio empti
3. Damages.
   -damages may not be claimed under aedilitian actions.

Question 6

WHAT IS A LATENT DEFECT?

Answer 6

is defect in the object sold which is of such a nature that renders it unfit for the purpose in which it was bought for, or normally used for, and this defect was not known to the buyer at the time of the conclusion of the contract.

Question 7

EXCLUSION OF WARRANTY…

Answer 7

the exclusion of the warranty against latent defects is also referred to as voetstoots clause.

Question 8

WHAT IS A VOETSTOOTS CLAUSE:

Answer 8

means that the merx (object) is sold “as it is” at the time of the conclusion of the contract.

Question 9

ACTIO EMPTI: GROUNDS OF INSTITUTION:

Answer 9

1. Warranty against latent defects
2. Warranty for the presence of special qualities
3. Seller intentionally and fraudulently conceals the latent defect.

Question 10

GROUNDS FOR INSTITUTION: AEDILITIAN ACTIONS;

Answer 10

1. The object sold has a latent defect
2. The seller was aware of the defect and fraudulently concealed such a fact.
3. The seller expressly or tacitly guaranteed the presence of good characteristics or the absence of bad characteristics
4. the seller made a false dictum et promissum to the buyer

Question 11

DUTIES OF THE BUYER:

Answer 11

1. Payment of the purchase price.
2. receipt of delivery of the object sold
3. Miscellaneous duties