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Summary Vhd 320: Everything For Semester Test 1 (2023) - Legal Nature Of Payment + Bank Customer Relationship + Bills Of Exchange

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(LECTURE NOTES + CASE LAW + LEGISLATION)

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LEGAL NATURE OF PAYMENT

Definition of payment
DD
S v Harvey & Odendaal case & Sharrock  2 elements

- Debtor and creditor.

- Discharge of an obligation.



When a payment can take place UBC

1. Debtor provides creditor an unconditional right to immediately use funds

- Unconditional  access to funds is immediate.



2. Payment is a bilateral act

- There must be an agreement between the debtor and creditor

o Agreeing upon a method then using a different method  no payment.

o Creditor can accept different method  payment is retrospectively

validated.



3. Capacity to act

- 18yrs +




Veren Investments

- Facts

o X gave instructions to the Bank to put money into a blocked account

once contract concluded  Bank did but the contract was not

concluded.

, - Court

o General rule  payment is a bilateral act.

o In this case  payment was a unilateral act but it’s okay bcs other

party accepted this method of payment.

o Bank discharged its obligation to put money into blocked account  it

did nothing wrong.



LEGAL TENDER & MONEY

Definition of money

Strict definition  4 requirements (only notes and coins issued by SARB) ANUT

- Issued under authority of the state.

- Nominal value in terms of the law.

- Serve as a universal means of exchange in the state.

- Be in a tangible form.



Medium of payment

S17 SARBA  Payment must be in a legal tender

- Banknotes.

- Coins.



Foreign currency  not money

- Criminal offence  compelling someone to pay in a foreign currency.

- Debt in foreign currency must be converted at the exchange rate when

payment is made.

, ELEMENTS FOR VALID TENDER OF PAYMENT

General

Creditor  insist on exact amount of payment

- Cannot be compelled to:

o Accept instalments.

o Give change.



Currency nominalism

Debtor must pay stated amount

- Creditor carries risk of loss  due to depreciation of rand.

- Debtor carries risk of loss  appreciation of rand.



Time and place of payment

When there is an agreement  the place expressly / tacitly agree upon

- No agreement  determined by referring to law.

o Cash payment  where debtor delivers cash to.

o Electronic payment  payee’s bank account.



Payment by 3rd party

General rule  Payment can be made by a 3rd party.

- When debtor does not know 3rd party has paid

o 3rd party must make it clear they are paying on behalf of the debtor.

o Payment must be unconditional.

o 3rd party has right of recourse to claim back from debtor within 30yrs.

- When parties agree that payment will be made by 3rd party

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