CLA1502
Assignment 1
Semester 1
Due March 2026
, QUESTION 1
1.1 Common-law right of the purchaser to be protected by the seller against
eviction
Under South African common law, the seller has a duty to protect the purchaser against
eviction. Eviction happens when a third party with a stronger legal right successfully
deprives the purchaser of the property or interferes with their use and enjoyment of it.
This protection forms part of the seller’s implied warranty that the purchaser will receive
undisturbed possession of the thing sold (Van der Merwe et al., 2012).
If eviction occurs, the purchaser has remedies against the seller. These may include
cancellation of the contract, repayment of the purchase price, and compensation for
losses suffered as a result of the eviction. Even if the seller acted in good faith and was
unaware of the third party’s right, the duty still exists because it is based on risk
allocation rather than fault (Hutchison et al., 2017).
For the purchaser to rely on this protection, they must notify the seller when a third party
claims the property and allow the seller an opportunity to defend the claim. If the
purchaser fails to involve the seller and loses the property, they may lose some
remedies unless they can show that the seller would not have been able to prevent the
eviction (Van Huyssteen et al., 2020).
Example Sipho buys a used laptop from Thabo. After a month, the police confiscate it
because it was previously stolen from its true owner. The original owner proves
ownership and reclaims the laptop. Sipho has been evicted by someone with a stronger
right. He can claim a refund and possibly damages from Thabo because the seller must
protect the purchaser against eviction.
This rule ensures fairness in sales. It protects buyers from hidden ownership risks and
encourages sellers to ensure that they have proper title before selling goods.
Assignment 1
Semester 1
Due March 2026
, QUESTION 1
1.1 Common-law right of the purchaser to be protected by the seller against
eviction
Under South African common law, the seller has a duty to protect the purchaser against
eviction. Eviction happens when a third party with a stronger legal right successfully
deprives the purchaser of the property or interferes with their use and enjoyment of it.
This protection forms part of the seller’s implied warranty that the purchaser will receive
undisturbed possession of the thing sold (Van der Merwe et al., 2012).
If eviction occurs, the purchaser has remedies against the seller. These may include
cancellation of the contract, repayment of the purchase price, and compensation for
losses suffered as a result of the eviction. Even if the seller acted in good faith and was
unaware of the third party’s right, the duty still exists because it is based on risk
allocation rather than fault (Hutchison et al., 2017).
For the purchaser to rely on this protection, they must notify the seller when a third party
claims the property and allow the seller an opportunity to defend the claim. If the
purchaser fails to involve the seller and loses the property, they may lose some
remedies unless they can show that the seller would not have been able to prevent the
eviction (Van Huyssteen et al., 2020).
Example Sipho buys a used laptop from Thabo. After a month, the police confiscate it
because it was previously stolen from its true owner. The original owner proves
ownership and reclaims the laptop. Sipho has been evicted by someone with a stronger
right. He can claim a refund and possibly damages from Thabo because the seller must
protect the purchaser against eviction.
This rule ensures fairness in sales. It protects buyers from hidden ownership risks and
encourages sellers to ensure that they have proper title before selling goods.
