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law of purchase and sale

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law of purchase and sale

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Study Guide: Law of Purchase and Sale (South African Context)

1. Introduction to the Law of Purchase and Sale

- Governs contracts of sale.

- A contract involves the seller delivering the merx (item) and the buyer paying the price.



Example:

Sarah sells her house to Michael after agreeing on terms. Transfer of keys = completion of sale.



2. Historical Background

- Based on Roman-Dutch common law.

- Roman law required mutual consensus to buy and sell.

- Influences South African contract law.

- Regulated by:

- National Credit Act (credit sales)

- Alienation of Land Act (immovable property).



3. Nature of a Contract of Sale

- Seller must transfer rights and ownership.

- Signing does not transfer ownership; only a personal right is granted.

- Hidden intent (e.g., donation disguised as sale) = true intent upheld.

- Contract is void if seller does not own the item and both parties know it.

- Must agree on nature, object, and price.



4. Essentialia of a Valid Contract

1. Intention to Buy and Sell

2. Merx (specific or generic, movable/immovable/material/incorporeal).

- Illegal goods = invalid contract.

3. Purchase Price (agreed, certain, in money or dominant in money).



5. Practice Questions

- John & Peter (Kidney): X Invalid - sale of organs is illegal.

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Publisher: 2019 ISBN: 9780639008936 Edition: Unknown

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