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LPL4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 – DUE 29 August 2025; 100% correct solutions and explanations.

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LPL4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 – DUE 29 August 2025; 100% correct solutions and explanations.Patricia concludes a written agreement for the purchase of a free standing Jacuzzi from Luxury Pools (Pty) Ltd on 1 June at her home. The purchase price of the Jacuzzi is R52,000 which is payable in twelve equal monthly instalments. The agreement also makes provision for Patricia to pay interest at 18% per annum to Luxury Pools (Pty) Ltd in respect of the deferred purchase price and that ownership of the Jacuzzi shall be retained by Luxury Pools (Pty) Ltd until Patricia satisfies all her financial obligations under the agreement. At the time of conclusion of the contract the repo rate is 7% and the prime rate is 10.5%. The Jacuzzi is delivered to Patricia on 2 June. Patricia approaches you for legal advice on 10 June. She explains that although she can afford the Jacuzzi she has changed her mind and no longer wishes to continue with the agreement. She also informs you that she paid the first instalment on 2 June and would like to claim back this instalment. It appears that Luxury Pools (Pty) Ltd did not do a proper credit assessment prior to the

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, LPL4801 Assignment 1 (COMPLETE ANSWERS) Semester
2 2025 – DUE 29 August 2025; 100% correct solutions and
explanations.
(A) – Applicability of the National Credit Act (NCA)


1. Purpose and Scope of the NCA
The National Credit Act 34 of 2005 (NCA) was enacted to
promote a fair, transparent, and accessible credit market in South
Africa. Its main objectives (section 3) are:
 To protect consumers against reckless lending and over-
indebtedness,
 To ensure responsible credit granting,
 To promote equitable access to credit, and
 To regulate the relationship between credit providers
(businesses such as banks, retailers, and companies like
Luxury Pools) and consumers (individuals like Patricia).
For the NCA to apply, the agreement in question must fall within
the statutory definition of a credit agreement and must not fall
under any exclusion in section 4(2).


2. Requirements for Applicability
There are two key statutory requirements for an agreement to fall
under the NCA:
1. Parties must be dealing at arm’s length

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