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LPL4801 Assignment 1 Semester 2 2025 (185363) - DUE 29 August 2025 | ANSWERS

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Law of Sale and Lease - LPL4801 Assignment 1 Semester 2 2025 (185363) - DUE 29 August 2025; 100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... Question 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 conclusion of the agreement. (a) (b) Advise Patricia on whether the National Credit Act (“the NCA”) is applicable to the agreement. (6) Advise Patricia whether Luxury Pools (Pty) Ltd has to register as a credit provider for the purposes of the agreement above. (4) (c) (d) (e) Advise Patricia whether the stated interest rate is allowed in terms of the NCA. (4) Advise Patricia on whether she has any remedies against Luxury Pools (Pty) Ltd. (4) What effect would a clause in the contract excluding the liability of Luxury Pools (Pty) Ltd for any latent defects in the Jacuzzi have? (2) Total [20]

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Uploaded on
August 21, 2025
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LPL4801
ASSIGNMENT 1 SEMESTER 2 2025

UNIQUE NO. 185363
DUE DATE: 29 AUGUST 2025

, Law of Sale and Lease

(a) Applicability of the NCA (6 marks)

Issue: Does the National Credit Act 34 of 2005 apply to the instalment sale agreement
for the Jacuzzi?

Rule:

 The NCA applies to all credit agreements concluded at arm’s length (s 4(1)),
unless specifically exempt.
 A “credit agreement” includes an instalment agreement where goods are
purchased on credit and ownership is reserved until full payment (s 1, s 8(4)(b)).
 Exemptions mainly cover large agreements with juristic persons above certain
thresholds, incidental credit, or agreements between family/friends.

Application:
Patricia (a natural person) entered into an instalment sale with Luxury Pools, payable
over twelve months with interest. Ownership remains with the supplier until full
settlement, making this an instalment agreement under s 8(4)(b). The amount
(R52,000) falls well within the application of the NCA, and no exemption applies.

Conclusion:
The NCA is applicable to the agreement between Patricia and Luxury Pools (Pty) Ltd.

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