ASSIGNMENT 1 SEMESTER 2 2025
UNIQUE NO. 185363
DUE DATE: 29 AUGUST 2025
, Law of Sale and Lease
(a) Applicability of the NCA (6 marks)
Issue: Does the National Credit Act 34 of 2005 apply to the instalment sale agreement
for the Jacuzzi?
Rule:
The NCA applies to all credit agreements concluded at arm’s length (s 4(1)),
unless specifically exempt.
A “credit agreement” includes an instalment agreement where goods are
purchased on credit and ownership is reserved until full payment (s 1, s 8(4)(b)).
Exemptions mainly cover large agreements with juristic persons above certain
thresholds, incidental credit, or agreements between family/friends.
Application:
Patricia (a natural person) entered into an instalment sale with Luxury Pools, payable
over twelve months with interest. Ownership remains with the supplier until full
settlement, making this an instalment agreement under s 8(4)(b). The amount
(R52,000) falls well within the application of the NCA, and no exemption applies.
Conclusion:
The NCA is applicable to the agreement between Patricia and Luxury Pools (Pty) Ltd.