Duties of the seller

Question 1

What are the duties of the seller?

Answer 1

To take care of and the object from the time conclusion of the contract until the object is delivered to the buyer

Question 2

What are the duties of the seller?

Answer 2

To take care of and the object from the time conclusion of the contract until the object is delivered to the buyer

Question 3

Can a buyer claim damages from a seller for any damages caused by the seller’s intentional or negligent conduct?

Answer 3

They may

Question 4

Can the parties change the duty of safe keeping through agreement?

Answer 4

They may

Question 5

How is the culpable conduct of the seller resulting in the damage or destruction of the object can be divided?

Answer 5

A) intentional acts, where the seller intended the specific consequences of his act
B) negligent acts, there are two forms carelessness ang gross negligence

Question 6

How is the culpable conduct of the seller resulting in the damage or destruction of the object can be divided?

Answer 6

A) intentional acts, where the seller intended the specific consequences of his act
B) negligent acts, there are two forms carelessness ang gross negligence

Question 7

Discuss factors that influence the duty of safe keeping

Answer 7

The mora debitoris or mora creditoris of the buyer and the debitoris of the seller influence the duty of safe-keeping.

Question 8

Discuss factors that influence the duty of safe keeping

Answer 8

The mora debitoris or mora creditoris of the buyer and the debitoris of the seller influence the duty of safe-keeping.

Question 9

When is the seller held liable for damages caused by his intentional or grossly negligent conduct?

Answer 9

Where the buyer is in mora debitoris or mora creditoris (he fails yo pay the price or fails to receive the object sold)

Question 10

When is the seller held responsible for any damages, even in the absence of fault on his part?

Answer 10

Where the seller is in mora debitoris (fails to deliver the object sold). Mora creditoris of the seller ( he fails to receive payment) has no influence on the duty of safe-keeping

Question 11

What doctrine determines whether the seller or the buyer bears the risk where accidential damage is caused to the object either by coincidence or by acts of God, and not by the culpable conduct of either party?

Answer 11

Passing of risk

Question 12

What is the general rule of passing of risk?

Answer 12

The owner suffers the loss when his property is destroyed. They would bear the burden of the total or partial destruction of the object, without being able to claim the purchase price from the buyer

Question 13

When is a contract a perfecta?

Answer 13

A) the buyer and the seller have the intention of buying and selling
B) the object to be sold is determined :
- an emptio rei speratae, the object sold is fixed after being measured or weighed
- a generic sale, the object sold is fixed after individualism
- an emptio spei, the object sold is fixed as soon as the contract is concluded
C) the purchase price is determined
D) the contract is not subject to a suspensive condition

Question 14

What risk does the buyer bears?

Answer 14

If the object is damaged or destroyed through coincidence or an act of God.

Question 15

What risk does the buyer bears?

Answer 15

If the object is damaged or destroyed through coincidence or an act of God.

Question 16

Is the buyer liable to pay the purchase price even where the seller has not yet delivered the object to him?

Answer 16

Yes

Question 16

W

Question 17

When is object of sale bome by either the seller or buyer?

Answer 17

When damage is caused my natural disasters ( God’s will)

Question 18

What does advantage derived from the object sold after conclusion of the contract but before delivery consist of ?

Answer 18

Natural accrual (accessory accrual) of the object 
of sale.
Those benefits ( substitutive advantages) form an inherent part of the object sold

Question 19

Discuss the influence of the consumer protection act on risk

Answer 19

Consumer Protection Act 68 of 2008, states in the absence of an express agreement to the contrarys, goods to be delivery, remain at the supplier’s risks until consumer has accepted delivery.

Question 20

When is delivery deemed accepted?

Answer 20

When a consumer expressly or implicitly communicates to a supplier that he or she has accepted delivery of such goods, or if a consumer does anything in relation to the goods that is inconsistent with the supplier’s ownership, or if a consumer keeps goods for an unreasonable time without informing the supplier that they does not want it .

Question 21

Explain passing of ownership

Answer 21

Conclusion of a contract of sale does not transfer ownership to the buyer. Only obtains personal rights against the seller for delivery of the object sold.

Question 22

Is it the duty of the seller to transfer ownership to the buyer?

Answer 22

No, ownership is one of the requirements for a valid and binding contract

Question 23

Name the requirements for passing of ownership for immovable property. (buyer will obtain ownership when)

Answer 23

A) the seller is the owner of the object sold
B) the seller has the intention of transferring ownership and the buyer has the intention to obtain the ownership
C) the property is registered in the name of the buyer

Question 24

Name the requirements for passing of ownership for movable property. (buyer will obtain ownership when)

Answer 24

A) the seller is the owner of the object sold B) the seller has the intention of transferring ownership and the buyer has the intention to obtain the ownership C) where it is a cash sale - the seller must deliver the object to the buyer - the buyer must pay the purchase price D) where it is a credit, delivery of the object to the buyer. Prices does not have to be paid to transfer ownership. Parties can agree for transfer of ownership after price is paid

Question 25

Discuss cash sales

Answer 25

1) Both parties intend effecting delivery and payment at same time or at least on same day 2) ASSUMPTION: Sale = cash sale unless agreement that it’s a credit sale 3) Seller entitled to reclaim thing if buyer fails to pay within reasonable time

Question 26

When tacit granting of credit approved?

Answer 26

1) Seller accepts security 2) Parties agree on interest rate 3) Credit deduced from previous transactions 4)Customary for commercial transaction to be concluded on credit 5) Seller accepts post dated cheque as payment 6)Seller does not insist on immediate payment or does not reclaim thing sold within reasonable period

Question 27

Can a seller refuse cheque payments?

Answer 27

Yes, unless agreed upon parties.

Question 28

Explain conditional payment?

Answer 28

Payment by cheque. The conditions is that the amount presented by cheque is actually paid to the seller.

Question 29

Is payment by cheque constitute either payment or granting of credit?

Answer 29

Neither

Question 30

In which terms is immovable corporeal property registered?

Answer 30

The registration of deeds act 47 f 1937

Question 31

Discuss movable corporeal property

Answer 31

``` Delivery can be affected in many different ways. Literal delivery symbolic delivery change of intentions marking or painting out ```

Question 32

Explain delivery through change of intentions

Answer 32

The parties already possesses the object and will continue to do so after delivery there of

Question 33

Explain symbolic delivery

Answer 33

Where something is delivered to the buyer to enable him to use the object sold

Question 34

Discuss actual delivery

Answer 34

The object sold is handed physically by the seller to the buyer

Question 35

Discuss delivery with the short hand ( traditio brevi manu)

Answer 35

The buyer is already physically in possession of the object sold and delivery takes place by the change of intention of the parties.

Question 36

Explain constitutum possessorium

Answer 36

Takes place through the change of intention of the parties, but the seller remains, after the contract has been concluded, physically in possession of the object sold

Question 37

What is attornment?

Answer 37

The object sold physically in the possession of the third party and delivery takes place through a change of intention of the buyer and seller