CLA1502
Assignment 1 Semester 1 2026
Unique number:
Due date: 2026
QUESTION 1
1.1.
Under South African common law, the seller gives an implied undertaking that the
purchaser will not be disturbed in her possession and enjoyment of the merx by a third
party who has a better legal title to the property. This protection operates automatically in
every contract of sale and does not have to be expressly included by the parties (Kelbrick
et al., 2020).
This implied undertaking is known as the seller’s warranty against eviction. The warranty
means that if a third party with a superior legal claim deprives the purchaser of the merx,
either wholly or partially, the seller is obliged to assist the purchaser and protect her rights
(Kelbrick et al., 2020). Eviction may occur when the purchaser is legally dispossessed of
the property by someone who proves a stronger right of ownership.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, QUESTION 1
1.1.
Under South African common law, the seller gives an implied undertaking that the
purchaser will not be disturbed in her possession and enjoyment of the merx by a
third party who has a better legal title to the property. This protection operates
automatically in every contract of sale and does not have to be expressly included by
the parties (Kelbrick et al., 2020).
This implied undertaking is known as the seller’s warranty against eviction. The
warranty means that if a third party with a superior legal claim deprives the
purchaser of the merx, either wholly or partially, the seller is obliged to assist the
purchaser and protect her rights (Kelbrick et al., 2020). Eviction may occur when the
purchaser is legally dispossessed of the property by someone who proves a stronger
right of ownership.
If the purchaser is threatened with eviction, she must notify the seller and allow the
seller the opportunity to defend the claim. The seller must then take steps to protect
the purchaser’s possession. Should the seller fail to assist, the purchaser is still
required to raise a proper and competent defence against the third party’s claim. If
eviction ultimately takes place and the seller did not fulfil his obligation, the seller will
be regarded as having breached the warranty against eviction (Kelbrick et al., 2020).
Where eviction occurs, the purchaser may cancel the contract and claim restitution
of the purchase price, as well as damages suffered as a result of the eviction,
provided the requirements for such a claim are met (Kelbrick et al., 2020).
1.2
In South African law, the transfer of ownership of movables does not occur merely
because a contract of sale has been concluded. Certain legal requirements must first
be satisfied.
Firstly, there must be a valid underlying legal cause (iusta causa), such as a valid
contract of sale, donation or exchange. The agreement must be legally enforceable
and comply with the general requirements of a valid contract (Kelbrick et al., 2020).
Assignment 1 Semester 1 2026
Unique number:
Due date: 2026
QUESTION 1
1.1.
Under South African common law, the seller gives an implied undertaking that the
purchaser will not be disturbed in her possession and enjoyment of the merx by a third
party who has a better legal title to the property. This protection operates automatically in
every contract of sale and does not have to be expressly included by the parties (Kelbrick
et al., 2020).
This implied undertaking is known as the seller’s warranty against eviction. The warranty
means that if a third party with a superior legal claim deprives the purchaser of the merx,
either wholly or partially, the seller is obliged to assist the purchaser and protect her rights
(Kelbrick et al., 2020). Eviction may occur when the purchaser is legally dispossessed of
the property by someone who proves a stronger right of ownership.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen
as a replacement for individual research, critical analysis, or professional consultation. Students are encouraged
to perform their own research and seek advice from their instructors or academic advisors for specific
assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the
information in these study notes, the seller does not guarantee the completeness or correctness of all content.
The buyer is responsible for verifying the accuracy of the information and exercising their own judgment when
applying it to their assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's
policies regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and
sources of inspiration. Any direct reproduction of the content without proper citation and acknowledgment may
be considered academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences
arising from the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or
any other negative consequences resulting from the application or misuse of the information provided.
, QUESTION 1
1.1.
Under South African common law, the seller gives an implied undertaking that the
purchaser will not be disturbed in her possession and enjoyment of the merx by a
third party who has a better legal title to the property. This protection operates
automatically in every contract of sale and does not have to be expressly included by
the parties (Kelbrick et al., 2020).
This implied undertaking is known as the seller’s warranty against eviction. The
warranty means that if a third party with a superior legal claim deprives the
purchaser of the merx, either wholly or partially, the seller is obliged to assist the
purchaser and protect her rights (Kelbrick et al., 2020). Eviction may occur when the
purchaser is legally dispossessed of the property by someone who proves a stronger
right of ownership.
If the purchaser is threatened with eviction, she must notify the seller and allow the
seller the opportunity to defend the claim. The seller must then take steps to protect
the purchaser’s possession. Should the seller fail to assist, the purchaser is still
required to raise a proper and competent defence against the third party’s claim. If
eviction ultimately takes place and the seller did not fulfil his obligation, the seller will
be regarded as having breached the warranty against eviction (Kelbrick et al., 2020).
Where eviction occurs, the purchaser may cancel the contract and claim restitution
of the purchase price, as well as damages suffered as a result of the eviction,
provided the requirements for such a claim are met (Kelbrick et al., 2020).
1.2
In South African law, the transfer of ownership of movables does not occur merely
because a contract of sale has been concluded. Certain legal requirements must first
be satisfied.
Firstly, there must be a valid underlying legal cause (iusta causa), such as a valid
contract of sale, donation or exchange. The agreement must be legally enforceable
and comply with the general requirements of a valid contract (Kelbrick et al., 2020).
