CLA1502
Assignment 1 Semester 1 2026
Unique number:
Due Date: 2026
QUESTION 1
1.1.
Under South African common law, a seller in a contract of sale 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 undertaking exists automatically
in every contract of sale and does not need to be expressly stated by the parties (Kelbrick et
al., 2020).
This implied undertaking is known as the seller’s warranty against eviction. It means that
the seller guarantees that the purchaser will have undisturbed and lawful possession of the
thing sold. If a third party with a superior legal right claims the merx, the seller has a duty to
assist the purchaser in defending that claim (Kelbrick et al., 2020).
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.
, For additional support +27 81 278 3372
QUESTION 1
1.1.
Under South African common law, a seller in a contract of sale 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
undertaking exists automatically in every contract of sale and does not need to be
expressly stated by the parties (Kelbrick et al., 2020).
This implied undertaking is known as the seller’s warranty against eviction. It
means that the seller guarantees that the purchaser will have undisturbed and lawful
possession of the thing sold. If a third party with a superior legal right claims the
merx, the seller has a duty to assist the purchaser in defending that claim (Kelbrick
et al., 2020).
If the purchaser is sued by a third party claiming ownership, the purchaser must
notify the seller and call upon the seller to defend the action. The seller is then
obliged to step in and assist in protecting the purchaser’s possession. If the seller
fails to assist and the purchaser is evicted because the third party proves a better
title, the seller is in breach of the warranty against eviction (Kelbrick et al., 2020).
Even where the seller does not assist, the purchaser must still put up a proper and
competent defence against the third party’s claim. If the purchaser fails to defend the
claim properly, the seller may not be held liable (Kelbrick et al., 2020).
1.2
In South African law, ownership of movable property does not pass automatically
upon conclusion of a contract of sale. Certain legal requirements must be satisfied
before ownership can be transferred.
Firstly, there must be a valid underlying contract, such as a valid contract of sale.
This provides the legal cause for the transfer of ownership. Without a valid
Assignment 1 Semester 1 2026
Unique number:
Due Date: 2026
QUESTION 1
1.1.
Under South African common law, a seller in a contract of sale 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 undertaking exists automatically
in every contract of sale and does not need to be expressly stated by the parties (Kelbrick et
al., 2020).
This implied undertaking is known as the seller’s warranty against eviction. It means that
the seller guarantees that the purchaser will have undisturbed and lawful possession of the
thing sold. If a third party with a superior legal right claims the merx, the seller has a duty to
assist the purchaser in defending that claim (Kelbrick et al., 2020).
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.
, For additional support +27 81 278 3372
QUESTION 1
1.1.
Under South African common law, a seller in a contract of sale 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
undertaking exists automatically in every contract of sale and does not need to be
expressly stated by the parties (Kelbrick et al., 2020).
This implied undertaking is known as the seller’s warranty against eviction. It
means that the seller guarantees that the purchaser will have undisturbed and lawful
possession of the thing sold. If a third party with a superior legal right claims the
merx, the seller has a duty to assist the purchaser in defending that claim (Kelbrick
et al., 2020).
If the purchaser is sued by a third party claiming ownership, the purchaser must
notify the seller and call upon the seller to defend the action. The seller is then
obliged to step in and assist in protecting the purchaser’s possession. If the seller
fails to assist and the purchaser is evicted because the third party proves a better
title, the seller is in breach of the warranty against eviction (Kelbrick et al., 2020).
Even where the seller does not assist, the purchaser must still put up a proper and
competent defence against the third party’s claim. If the purchaser fails to defend the
claim properly, the seller may not be held liable (Kelbrick et al., 2020).
1.2
In South African law, ownership of movable property does not pass automatically
upon conclusion of a contract of sale. Certain legal requirements must be satisfied
before ownership can be transferred.
Firstly, there must be a valid underlying contract, such as a valid contract of sale.
This provides the legal cause for the transfer of ownership. Without a valid
