LPL4801
Assignment 01
Semester 02 2025
Unique No: 185363
Due 29 August 2025
, LPL4801
Assignment 01: 185363
Semester 02 2025
Due 29 August 2025
Law of Sale and Lease
A) Applicability of the National Credit Act (NCA)
The National Credit Act 34 of 2005 (NCA) applies in this case because the agreement
between Patricia (the consumer) and Luxury Pools (Pty) Ltd (the credit provider)
qualifies as a credit agreement.
Section 4(1) of the NCA provides that the Act applies to every credit agreement
concluded between parties acting at arm’s length, unless specifically exempted.¹
Section 8(1) further defines a credit agreement to include, inter alia, credit facilities and
credit transactions.²
For an agreement to qualify as a credit agreement, two essential elements must be
satisfied:
1. Deferral of payment; and
2. The imposition of interest, fees, or charges in respect of the deferred
payment.
Both elements are present here. Patricia’s payment is deferred, and interest is levied at
18% per annum. Consequently, the agreement constitutes a credit agreement in terms
of the NCA and falls within the scope of the Act.
Assignment 01
Semester 02 2025
Unique No: 185363
Due 29 August 2025
, LPL4801
Assignment 01: 185363
Semester 02 2025
Due 29 August 2025
Law of Sale and Lease
A) Applicability of the National Credit Act (NCA)
The National Credit Act 34 of 2005 (NCA) applies in this case because the agreement
between Patricia (the consumer) and Luxury Pools (Pty) Ltd (the credit provider)
qualifies as a credit agreement.
Section 4(1) of the NCA provides that the Act applies to every credit agreement
concluded between parties acting at arm’s length, unless specifically exempted.¹
Section 8(1) further defines a credit agreement to include, inter alia, credit facilities and
credit transactions.²
For an agreement to qualify as a credit agreement, two essential elements must be
satisfied:
1. Deferral of payment; and
2. The imposition of interest, fees, or charges in respect of the deferred
payment.
Both elements are present here. Patricia’s payment is deferred, and interest is levied at
18% per annum. Consequently, the agreement constitutes a credit agreement in terms
of the NCA and falls within the scope of the Act.
