LPL4801
EXAM
Law of Lease and Sale
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LPL4801 Multiple Choice Questions &
Long Questions with Answers.
(Past Assignments; Activities, Exams &
More)
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SALE AND LEASE
MULTIPLE CHOICE QUESTION PACK
Question 1:
Which one of the following statements is CORRECT?
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(1) A valid contract of sale is concluded only after the seller
has delivered the thing sold to the purchaser.
(2) In SA Wood Turning Mills (Pty) Ltd v Price Bros (Pty) Ltd
the court held that the contract was a locatio conductio
operis.
(3) An emptio spei is a contract of sale subject to a
suspensive condition. (4) A contract of sale in which a dentist
undertakes to make a set of dentures with the dentists
own material for a patient for R2000 is an emptio rei
speratae.
Answer: 4 — SA Wood Turning Mills said the sale in
casu was a emptio rei speratae when the seller uses his
own material.
Question 2:
Which one of the following statements is CORRECT?
(1) The purchaser can always select the thing sold in an
alternative sale. (2) A valid contract does not arise if the two
essentialia for a sale is absent as terms of the contract.
(3) A contract of sale for a reasonable price can be valid in
certain circumstances.
(4) A contract of sale in which the price is to be determined
by a third party only comes into being after a reasonable
price has been determined by the third party.
Answer: 3
(the word always in option (1) should indicate this in
incorrect. Regarding option (2), a valid CONTRACT can
arise, it may just not be a sale contract!).
Question 3:
Which one of the following statements on section 2(1) of the
Alienation of Land Act 68 of 1981 is INCORRECT?
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(1) Signing a deed of alienation with initials is a valid
signature.
(2) A street address is sufficient to identify the land in a
deed of alienation.
(3) A term which only contains information need not be in
writing in a deed of alienation.
(4) A principal can validly ratify a deed of alienation which
was entered into by a person who did not have
the necessary written authority when he signed the
deed of alienation.
Answer: 4
Question 4:
The cooling off right in terms of Section 29A of the Alienation of
Land Act 68 of 1981 is available to the purchaser in the
following instances:
(1) Sale of agricultural land.
(2) Sale of residential land by a closed corporation.
(3) Sale of a unit as defined by section 1 of the Sectional
Titles Act 95 of 1986 for a price of R300 000.
(4) None of the above.
Answer: 2
Question 5:
X, a merchant, sells Y an Easy Wash washing machine for
R2000. Which one of the following statements in
INCORRECT?
(1) This is a generic sale.
(2) X must deliver the washing machine to Ys home without
any agreement between X and Y to this effect.
(3) X must individualise the washing machine from Xs other
stock.
(4) X must place the washing machine, which was
individualised, at the disposal of Y.
Answer: 2
Question 6:
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