Assignment 1 Semester 2 2025
Unique Number: 185363
Due Date: 29 August 2025
QUESTION 1
(a) Applicability of the National Credit Act
The National Credit Act 34 of 2005 (“NCA”) applies to all credit agreements between parties
dealing at arm’s length, unless specifically exempted under section 4.1 A credit agreement
includes both credit facilities and credit transactions. Section 8(4)(d) defines an instalment
agreement as a credit agreement where payment of the purchase price is deferred and
interest or fees are charged.1
Patricia purchased the Jacuzzi for R52,000 on credit, with payment in twelve instalments,
together with interest at 18% per annum. Ownership was retained by Luxury Pools until full
payment, a hallmark of an instalment sale agreement under the NCA. She is a natural
person, and the loan amount is below the statutory threshold that could exempt large juristic
persons.
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