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,CLA104 1 REVISION QUESTION & MEMO
QUESTION 1
Thabo borrows Modise's bicycle to compete in a race sponsored by the
company for which he works. Thabo wins the race and decides to become a
professional cyclist. Therefore, without returning the bicycle to Modise, he
offers to buy it from him for R3 000. Modise accepts the offer and Thabo pays
him there and then.
What kind of delivery takes place in the above set of facts?
1. actual delivery
2. delivery with the short hand
3. symbolic delivery
4. delivery with the long hand
5. constitutum possessorium
QUESTION 2
Which ONE of the following actions can the purchaser use if the merx has a
defect which does not render it completely useless?
1. the actio quanti minoris
2. the actio redhibitoria
3. the rei vindicatio
4. the actio empti
QUESTION 3
Choose ONE of the options provided below to complete the sentence
CORRECTLY:
Ownership in movable property passes ………...
1. when the sale is concluded.
2. when the thing sold (merx) is delivered to the purchaser.
3. when the sale is complete (perfecta).
4. when the risk of accidental loss or damage passes to the purchaser.
QUESTION 4
Consider the following statements:
1. John agrees to deliver his farm Willows' to Peter in exchange for
Peter's farm The Oaks'.
2. John agrees to deliver his farm Willows' to Peter against payment of
R1,5 million.
3. John agrees to deliver a game farm of Peter's choice against payment
of R1,5 million.
, CLA104-V 2 REVISION QUESTION & MEMO
4. John agrees to deliver his farm Willows' to Peter against payment of a
price to be determined by the Land Bank.
Indicate in which statements VALID CONTRACTS OF SALE were concluded:
1. only 1 and 2
2. only 1 and 3
3. only 1 and 4
4. only 2 and 3
5. only 2 and 4
QUESTION 5
Which ONE of the following contracts of sale is perfecta?
1. Mark buys a dog from Peter. Mark may choose anyone of Peter's five
dogs.
2. Mark buys Peter's flock of sheep at R400 a sheep.
3. Mark agrees with Peter to buy his house provided Mark obtains a loan
from the bank.
4. Mark agrees with Peter to buy his BMW car for R15 000, which
amount will be paid over a period of twelve months.
QUESTION 6
Rina and Pat enters into an agreement that Pat will use Rina's car for a period
of one month to deliver milk to his customers as he has started a dairy. After a
period of two weeks Pat realises the importance of having his own car and
makes an offer to buy Rina's car. They agree on terms and Pat buys the car.
Which form of delivery took place?
1. delivery with the long hand
2. symbolic delivery
3. delivery with the short hand
4. constitutum possessorium
QUESTION 7
Which ONE of the following statements is CORRECT?
1. In a contract of sale the seller agrees to deliver the merx in exchange
for the purchase price.
2. The merx is only definite or ascertainable if it is corporeal.
3. In a warranty against eviction the seller undertakes to preserve the
merx until delivery to the purchaser.
4. The only remedy for a defect which is so material as to render the
merx useless or less useful for the purpose for which it was
bought, is the actio redhibitoria.
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