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Summary PAPER 3 - ADMISSION FOR ATTORNEY - CONTRACTS

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NOTES FOR BOARD EXAMINATIONS - COMPETENCY BASED EXAMINATION FOR ATTORNEYS PAPER 3. CONSTITUTIONAL PRACTICES, LEGAL ETHICS, LABOUR DISPUTE RESOLUTION, ALTERNATIVE DISPUTE RESOLUTION, MATRIMONIAL LAW, LEGAL COSTS, CONTRACT, CYBER LAW AND INTRODUCTION TO PRACTICE MANAGEMENT

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Uploaded on
July 6, 2025
Number of pages
39
Written in
2024/2025
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DRAFTING OF CONTRACTS
DEED OF SALE - MOVABLE AND IMMOVABLE

In South Africa, deeds of sale are formal agreements that facilitate the transfer of
ownership of goods from a seller to a buyer. These agreements can pertain to movable
goods (such as vehicles, equipment, or stock) or immovable property (such as land or
buildings). The legal framework governing these transactions includes the Common Law,
the Alienation of Land Act 68 of 1981, and the Consumer Protection Act 68 of 2008
(where applicable).

Deed of Sale for Movable Goods
A deed of sale for movable goods must outline the terms of the sale, ensuring clarity for
both parties.
Key Clauses to Include:
1. Parties to the Contract: Full details of the seller and buyer, including ID numbers or
company registration details.
2. Description of Goods: Clear identification of the movable goods being sold.
3. Purchase Price & Payment Terms: Agreed amount, method of payment, and due
dates.
4. Delivery & Risk Transfer: When and how delivery will take place, and when the risk
transfers to the buyer.
5. Warranties & Representations: Any guarantees provided regarding the quality or
condition of the goods.
6. Retention of Ownership: If ownership is retained until full payment is made.
7. Dispute Resolution: Governing law and preferred method of resolving disputes
(mediation, arbitration, or litigation).

Deed of Sale for Immovable Goods

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