, CLA1502 Assignment 1 Semester 1 2026 - DUE March 2026
QUESTION 1
1.1 Common-law right of the purchaser to be protected against
eviction
Under South African common law, a purchaser has the right to be
protected by the seller against eviction. This right forms part of the
implied warranty against eviction, which automatically applies to every
contract of sale unless it is expressly excluded or limited.
Eviction occurs when a purchaser is deprived of the use or possession
of the merx, either wholly or partially, by a third party who has a
superior legal right to the thing sold. The seller warrants that they have
good title to the thing sold and that the purchaser will enjoy
undisturbed possession.
If eviction takes place, the purchaser is entitled to remedies against the
seller. In cases of total eviction, the purchaser may cancel the contract
and claim restitution of the purchase price as well as damages. In cases
of partial eviction, the purchaser may claim a proportional reduction in
the purchase price and damages.
The warranty applies even if the seller was unaware of the third party’s
superior right, as it is a strict common-law obligation arising from the
contract of sale.
Example:
A purchases a motor vehicle from B. After delivery, the police
confiscate the vehicle because it was stolen and belongs to C. Since C
has a superior legal right to the vehicle, A is evicted. A may claim the
QUESTION 1
1.1 Common-law right of the purchaser to be protected against
eviction
Under South African common law, a purchaser has the right to be
protected by the seller against eviction. This right forms part of the
implied warranty against eviction, which automatically applies to every
contract of sale unless it is expressly excluded or limited.
Eviction occurs when a purchaser is deprived of the use or possession
of the merx, either wholly or partially, by a third party who has a
superior legal right to the thing sold. The seller warrants that they have
good title to the thing sold and that the purchaser will enjoy
undisturbed possession.
If eviction takes place, the purchaser is entitled to remedies against the
seller. In cases of total eviction, the purchaser may cancel the contract
and claim restitution of the purchase price as well as damages. In cases
of partial eviction, the purchaser may claim a proportional reduction in
the purchase price and damages.
The warranty applies even if the seller was unaware of the third party’s
superior right, as it is a strict common-law obligation arising from the
contract of sale.
Example:
A purchases a motor vehicle from B. After delivery, the police
confiscate the vehicle because it was stolen and belongs to C. Since C
has a superior legal right to the vehicle, A is evicted. A may claim the
