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LPL4801 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS - 100% DISTINCTION GUARANTEED)

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LPL4801 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS - 100% DISTINCTION GUARANTEED) Thandi is the sole owner of a catering business “Happy Snacky” which provides food catering services. Thandi wants to buy a second-hand Volkswagen Caddy to use in her business and Prestige Bank agrees to sell the vehicle to Thandi on credit. The agreement is signed at Thandi's home on 2 May and possession and use of the vehicle is given to her immediately. The agreement makes provision for the sale of the vehicle voetstoots at a price of R250,000 payable in monthly instalments over three years and provision is made for the payment of fees and interest. The agreement contains a clause that ownership of the vehicle will only pass to Thandi once she has satisfied all her financial obligations under the contract. (a) Advise Thandi on whether the National Credit Act 34 of 2005 (“the NCA”) is applicable to the agreement. (6) (b) Thandi comes to see you on 5 May. She has seen a cheaper Volkswagen Caddy at a second hand car dealer and wishes to cancel the agreement with Prestige Bank without incurring any costs. Advise Thandi on her remedies in terms of the NCA. (5) (c) Thandi comes to see you a year after signing the agreement. She is experiencing financial difficulties and informs you that she will not be able to cover the full amount of her next instalment due to Prestige Bank. Prestige Bank did not do a proper credit assessment prior to the conclusion of the agreement. Advise Thandi on her options in terms of the NCA. (5) (d) Soon after Thandi took possession of the vehicle, it starts leaking oil. Thandi informs Prestige Bank, but is informed that the vehicle has been sold voetstoots. Advise Thandi on the enforceability of the voetstoots clause in terms of the NCA. (4)

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LPL4801
Law of Sale and Lease

ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:-
Due Date :- 15 March 2023
Includes Footnotes and/or Bibliography

QUESTION 1
Thandi is the sole owner of a catering business “Happy Snacky” which provides food catering services. Thandi
wants to buy a second-hand Volkswagen Caddy to use in her business and Prestige Bank agrees to sell the vehicle
to Thandi on credit. The agreement is signed at Thandi's home on 2 May and possession and use of the vehicle is
given to her immediately. The agreement makes provision for the sale of the vehicle voetstoots at a price of
R250,000 payable in monthly instalments over three years and provision is made for the payment of fees and
interest. The agreement contains a clause that ownership of the vehicle will only pass to Thandi once she has
satisfied all her financial obligations under the contract.


(a) Advise Thandi on whether the National Credit Act 34 of 2005 (“the NCA”) is applicable to the agreement. (6)


(b) Thandi comes to see you on 5 May. She has seen a cheaper Volkswagen Caddy at a second hand car dealer
and wishes to cancel the agreement with Prestige Bank without incurring any costs. Advise Thandi on her remedies
in terms of the NCA. (5) Question Continues..

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