MRL3702 ASSIGNMENT 2 SEMESTER 2 2025
ANSWER GUIDE || VERIFIED COMMERCIAL
LAW SOLUTIONS || 100% GUARANTEED PASS
<LATEST VERSION>
MRL3702 COMMERCIAL LAW: 100 QUESTIONS AND ANSWERS
PART A: THE LAW OF SALE (Questions 1-40)
1. What is the essentialia of a contract of sale?
A. Merx to be delivered.
B. A price to be paid.
C. Consensus between the parties.
D. Both A and B.
D. Both A and B. (The essential elements are an agreement concerning
a merx (thing) for a pretium (price)).
2. The risk in a sale of specific merx passes to the buyer:
A. Upon payment of the full price.
B. Upon conclusion of the contract (perfecta rule).
C. Upon delivery of the merx.
D. Upon registration of ownership.
B. Upon conclusion of the contract (perfecta rule).
3. The voetstoots clause protects the seller from liability for:
A. Patent defects.
B. Latent defects.
C. Defects caused by the seller's gross negligence.
D. Breach of warranty.
B. Latent defects.
4. In an auction sine commissum, the sale is concluded:
A. When the highest bid is made.
B. When the auctioneer's hammer falls.
,C. When the bidder pays the deposit.
D. When the reserve price is met.
B. When the auctioneer's hammer falls.
5. The actio empti is available to:
A. The seller only.
B. The buyer only.
C. Both the seller and the buyer.
D. Neither, it is an enrichment action.
C. Both the seller and the buyer. (It is the general remedy for breach of a
contract of sale).
6. A seller is obliged to warrant the buyer against:
A. Patent defects.
B. Eviction.
C. A drop in the market value of the merx.
D. All of the above.
B. Eviction.
7. Which of the following is NOT a latent defect?
A. A cracked engine block in a used car.
B. A car with faulty brakes that are not visibly obvious.
C. A missing button on a jacket.
D. A computer with a corrupted operating system that is not immediately apparent.
C. A missing button on a jacket. (This is a patent defect as it is reasonably
discoverable upon inspection).
8. The Consumer Protection Act 68 of 2008 generally implies a minimum __-
month warranty against latent defects.
A. 3
B. 6
C. 12
D. 24
B. 6
, 9. The remedy of actio quanti minoris allows the buyer to:
A. Claim a reduction in the purchase price.
B. Claim damages for breach of contract.
C. Rescind the contract.
D. Claim specific performance.
A. Claim a reduction in the purchase price.
10. In a sale on approval, the risk passes to the buyer:
A. At the conclusion of the contract.
B. Upon delivery.
C. Only once the buyer signifies approval.
D. Never, it remains with the seller.
C. Only once the buyer signifies approval.
11. The exceptio non adimpleti contractus is a defence that can be raised by:
A. A party who has not performed their own obligation.
B. A party who has performed their own obligation.
C. Only the seller.
D. Only the buyer.
B. A party who has performed their own obligation. (It is the "defence of
the unfulfilled contract").
12. A sale where ownership passes immediately, but possession remains with
the seller, is known as:
A. A sale with reservation of ownership.
B. A credit sale.
C. A sale constituto possessorio.
D. A hire-purchase agreement.
C. A sale constituto possessorio.
13. The duty to disclose latent defects in a sale is based on the principle of:
A. Caveat emptor (let the buyer beware).
B. Ubuntu.
C. Bona fides (good faith).
D. Pacta sunt servanda (agreements must be kept).
C. Bona fides (good faith).
ANSWER GUIDE || VERIFIED COMMERCIAL
LAW SOLUTIONS || 100% GUARANTEED PASS
<LATEST VERSION>
MRL3702 COMMERCIAL LAW: 100 QUESTIONS AND ANSWERS
PART A: THE LAW OF SALE (Questions 1-40)
1. What is the essentialia of a contract of sale?
A. Merx to be delivered.
B. A price to be paid.
C. Consensus between the parties.
D. Both A and B.
D. Both A and B. (The essential elements are an agreement concerning
a merx (thing) for a pretium (price)).
2. The risk in a sale of specific merx passes to the buyer:
A. Upon payment of the full price.
B. Upon conclusion of the contract (perfecta rule).
C. Upon delivery of the merx.
D. Upon registration of ownership.
B. Upon conclusion of the contract (perfecta rule).
3. The voetstoots clause protects the seller from liability for:
A. Patent defects.
B. Latent defects.
C. Defects caused by the seller's gross negligence.
D. Breach of warranty.
B. Latent defects.
4. In an auction sine commissum, the sale is concluded:
A. When the highest bid is made.
B. When the auctioneer's hammer falls.
,C. When the bidder pays the deposit.
D. When the reserve price is met.
B. When the auctioneer's hammer falls.
5. The actio empti is available to:
A. The seller only.
B. The buyer only.
C. Both the seller and the buyer.
D. Neither, it is an enrichment action.
C. Both the seller and the buyer. (It is the general remedy for breach of a
contract of sale).
6. A seller is obliged to warrant the buyer against:
A. Patent defects.
B. Eviction.
C. A drop in the market value of the merx.
D. All of the above.
B. Eviction.
7. Which of the following is NOT a latent defect?
A. A cracked engine block in a used car.
B. A car with faulty brakes that are not visibly obvious.
C. A missing button on a jacket.
D. A computer with a corrupted operating system that is not immediately apparent.
C. A missing button on a jacket. (This is a patent defect as it is reasonably
discoverable upon inspection).
8. The Consumer Protection Act 68 of 2008 generally implies a minimum __-
month warranty against latent defects.
A. 3
B. 6
C. 12
D. 24
B. 6
, 9. The remedy of actio quanti minoris allows the buyer to:
A. Claim a reduction in the purchase price.
B. Claim damages for breach of contract.
C. Rescind the contract.
D. Claim specific performance.
A. Claim a reduction in the purchase price.
10. In a sale on approval, the risk passes to the buyer:
A. At the conclusion of the contract.
B. Upon delivery.
C. Only once the buyer signifies approval.
D. Never, it remains with the seller.
C. Only once the buyer signifies approval.
11. The exceptio non adimpleti contractus is a defence that can be raised by:
A. A party who has not performed their own obligation.
B. A party who has performed their own obligation.
C. Only the seller.
D. Only the buyer.
B. A party who has performed their own obligation. (It is the "defence of
the unfulfilled contract").
12. A sale where ownership passes immediately, but possession remains with
the seller, is known as:
A. A sale with reservation of ownership.
B. A credit sale.
C. A sale constituto possessorio.
D. A hire-purchase agreement.
C. A sale constituto possessorio.
13. The duty to disclose latent defects in a sale is based on the principle of:
A. Caveat emptor (let the buyer beware).
B. Ubuntu.
C. Bona fides (good faith).
D. Pacta sunt servanda (agreements must be kept).
C. Bona fides (good faith).
