Normans Law of Purchase and sale in South Africa
Norman's Law of Purchase and Sale in South Africa captures the important judicial decisions and relevant statutes which impact on this critical area of law.
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Product description
Norman's Law of Purchase and Sale in South Africa captures the important judicial decisions and relevant statutes which impact on this critical area of law.
For almost 100 years Norman's Law of Purchase and Sale in South Africa has guided lawyers, students and businessmen through the intricacies of our law of sale. This is a book which has a loyal following.
This book has a unique orderly and practically convenient structure with extensive extracts from judgments, which has always meant that it has been of great assistance to practitioners, students and businessmen who do not have ready access to all the law reports. It has also been, for that very reason, a useful book for practitioners, particularly those appearing in court, who have it at hand so as to be able to readily cite authority.
The authors' approach is to not merely cite the cases but incorporate extensive extracts from the leading judgments in the text, in that way stating the law as far as possible in the words of the judges themselves. The Sixth Edition covers leading reported cases decided up to 31 December 2016. A new chapter has been added covering the Consumer Protection Act 68 of 2008. There is also a dedicated chapter on the formalities in respect of the Alienation of Land Act 68 of 1981. This book should be useful to busy practitioners who are in search of practical answers.
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Table of contents
CHAPTER_1 - The nature of the contract
1.1 - Definitions of sale
1.2 - Essentials of formation of contract of sale
1.3 - Obligations arising out of the agreement of sale
1.4 - When an agreement of sale becomes binding on the parties
1.5 - Agreement of sale not in itself a transfer of dominium (ownership)
1.6 - Presumption of intention to pass ownership
1.7 - Sale of the property of a third party
1.8 - Double sales
1.9 - Disguised transactions
1.10 - Sale or exchange
1.11 - Sale and donation
1.12 - Sale and locatio conductio
1.13 - Invitation to enter into a contract of sale
1.14 - Guarantee
1.15 - Sale or pledge
1.16 - Sale on approval or sale or return
1.17 - Sale and agency
1.18 - Sale and loan
CHAPTER_2 - The parties to the contract
2.1 - Introduction
2.2 - Insanity as affecting contractual capacity
2.3 - Intoxication as affecting contractual capacity
2.4 - Contracts of minors
2.5 - Contracts of married women
2.6 - Purchases by persons in a fiduciary capacity
2.7 - Contractual capacity of an insolvent
2.8 - Capacity of artificial persons
2.9 - Nomination of another purchaser
CHAPTER_3 - The subject matter of the contract
3.1 - Introduction
3.2 - The seashore
3.3 - Sale of specific and unascertained goods
3.4 - Sales of future goods
3.5 - Sale of incorporeal things
3.6 - Restrictions on the sale of certain goods
3.7 - Fiduciary property
3.8 - Sale of an article to be made or manufactured by the seller
3.9 - Purchase of one's own property
3.10 - Sale of things burdened with fideicommissa
3.11 - Sale of res litigiosa
3.12 - Sale of a res aliena
3.13 - Owner's right of vindication
3.14 - Sale of pledged property
3.15 - Sale by auctioneers
3.16 - Total destruction of the subject matter
3.17 - Partial destruction of the subject matter
3.18 - Sale of things regarded as a unit
3.19 - Typical commodities sale contract
3.20 - Sale of a res alienna
3.21 - Non-disclosure in relation to the sale of shares
3.22 - Fraudulent transfer of immovable property
CHAPTER_4 - The price
4.1 - Introduction
4.2 - The price must be in current money
4.3 - The price must be certain or ascertainable
4.4 - The price must be real, not nominal, and there must be an intention of exacting it
4.5 - Control of prices by legislation
4.6 - Agreements
4.7 - Pledge or mortgage
4.8 - In duplum rule
CHAPTER_5 - Mutual assent
5.1 - Introduction
5.2 - Mutual agreement inter se praesentes
5.3 - Contracts entered into through the post
5.4 - Contracts entered into by telegram
5.5 - Contracts made by telephone, telefacsimile, telex and e-mail
5.7 - Place where the contract is entered into
5.8 - Indication of a mode of acceptance
5.9 - Fraud and its effect on consent
5.10 - Innocent misrepresentation
5.11 - The effect of duress, force or fear (metus or dwang)
Undue influence
CHAPTER_6 - Options and pre-emptions
6.1 - Introduction
6.2 - Requisites of a valid option
6.3 - Option: Right of pre-emption or first refusal
6.4 - Requisites of a valid right of pre-emption or of first refusal
6.5 - Sale to a third party by the grantor of an option or right of pre-emption
6.6 - Cession or sale of option
6.7 - Death of the grantor
CHAPTER_7 - Formalities of the contract (excluding sale of land)
7.1 - Introduction
7.2 - Sale or transfer of businesses
7.3 - Sale of motor vehicles
7.4 - Sales under the Second-Hand Goods Act 23 of 1955
7.5 - Sales under the National Credit Act 34 of 2005
7.6 - Sales of stock
7.7 - Sales of a petroleum fueling station
CHAPTER_8 - Formalities of the contract of sale of land or interest in land
8.1 - Sale of land or interest in land must be in writing
8.2 - Statutory regulation of the sale of land
8.3 - Deed of alienation
8.4 - When Alienation of Land Act 68 of 1981 not applicable?
8.5 - Time for performance
8.6 - Transfer by order of the court following a divorce or separation
8.7 - Requirements for sales of land and residential land
8.8 - Issues raised in case law
CHAPTER_9 - Terms and conditions in contracts of sale
9.1 - Conditions and terms contrasted
9.2 - Suspensive conditions
9.3 - Resolutive conditions
9.4 - The Corondimas principle
9.5 - Conditional sales
9.6 - The effects of sale under a suspensive condition
9.7 - Sales under a resolutive condition
9.8 - Effect of death of contracting parties on conditional sales
9.9 - When conditional sales are deemed absolute
9.10 - Pacta adiecta
9.11 - The addictio in diem
9.12 - The lex commissoria
9.13 - The effects of a lex commissoria
9.14 - The pactum displicentiae
9.15 - The pactum de retrovendendo
9.16 - The pactum de retro emendo
9.17 - Instalment sale agreements under the common law
9.18 - Restrictive conditions attached to a contract for the sale of stands or erven in a township or in a defined area
CHAPTER_10 - The Consumer Protection Act 68 of 2008
CHAPTER_11 - Credit legislation
11.1 - The Credit Agreements Act 75 of 1980
11.2 - The National Credit Act 34 of 2005
CHAPTER_12 - The incidence of the risk
12.1 - General
12.2 - The unilateral appropriation of goods to the contract
12.3 - Risk in goods sold subject to a test
12.4 - Risk in a sale of things sold subject to a resolutive condition
12.5 - Risk in regard to the sale of immovables
12.6 - Risk of things sold in the alternative
12.7 - Risk where the vendor sells the same article to two persons in succession and it is destroyed before delivery to either
12.8 - Damage to or destruction of one of several things forming a unity
12.9 - Risk between completion of contract and delivery
12.10 - The onus of proving loss by accident
12.11 - Effects of mora on risk
12.12 - Injury to the goods by an act of a third party while at the purchaser's risk
12.13 - Risk in sales where the vendor undertakes the duty of delivery at a place other than that of sale or manufacture
12.14 - The profit of the thing sold
CHAPTER_13 - The obligations or duties of the parties to the contract of sale
13.1 - Introduction
13.2 - Exeptio non adimpleti contractus
13.3 - Onus of proof
13.4 - Obligation of parties
13.5 - The seller's duty to deliver the res vendita
13.6 - Payment of the price
13.7 - The purchaser's duty to take delivery of the res vendita
13.8 - Delivery in instalments
13.9 - Acceptance or rejection of part of the res vendita
13.10 - Receipt and acceptance of the goods in excess of the quantity purchased
13.11 - Acceptance
13.12 - The purchaser's duty to pay necessary and useful expenses
13.13 - The parties' duty to carry out any other obligations under the contract
13.14 - No duty on the purchaser to return goods to the vendor after rejection
CHAPTER_14 - Delivery and its effects
14.1 - Introduction
14.2 - What is delivery?
14.3 - Conditions of delivery
14.4 - Nature of delivery
14.5 - Deliver of an immovable
14.6 - Delivery of an incorporeal
14.7 - Delivery of movables
14.8 - Sale without delivery: Rights of purchaser
14.9 - Sales for cash
14.10 - Sales on credit
14.11 - Sale of land for cash against transfer
14.12 - Stipulations for payment or performance at a future date
14.13 - Provisions of the Insolvency Act 24 of 1936 with regard to the sale of land
14.14 - Provisions of the Insolvency Act 24 of 1936 with regard to the sale of movable property
14.15 - Delivery to a carrier
CHAPTER_15 - The obligations of the vendor arising from particular terms in the contract
15.1 - Particular terms
15.2 - Delivery free on board
15.3 - Delivery free on rail
15.4 - Sale of goods cost, insurance, freight
15.5 - Vis major or force majeur or casus fortuitus
15.6 - Effect of contracting to deliver by instalments
15.7 - Delivery during a period “at seller's option�
15.8 - Delivery of goods “to be railed to buyer's instructions�
15.9 - Sales ad corpus or ad quantitatem
15.10 - Delivery of lesser or more than the quantity contracted for
15.11 - The effect of the qualifying words “about� or “more or less�
15.12 - Tender to deliver mixed goods
15.13 - Special terms in the contract in regard to quality
CHAPTER_16 - Duty to guarantee the purchaser against eviction
16.1 - Undisturbed possession
16.2 - The nature of the eviction
16.3 - Who can sue on account of eviction?
16.4 - Guaranteeing the purchaser against eviction when the action on the guarantee arises
16.5 - Cases in which the vendor incurs no liability on account of eviction
16.6 - Duties of the purchaser
16.7 - Measure of damages for breach of warranty against eviction
16.8 - Measure of damages for partial eviction
CHAPTER_17 - Duty to deliver the res vendita free from burdens not specifically mentioned at the time of the sale
17.1 - Introduction
17.2 - Knowledge by purchaser of a servitude over land sold
17.3 - Registered servitudes
17.4 - Sale of leased property
17.5 - Sale of mortgaged property
17.6 - Sale of pledged property
17.7 - Purchaser's remedies on discovering servitudes not disclosed
CHAPTER_18 - The implied warranty against latent defects
18.1 - Introduction
18.2 - The vendor's guarantee against secret or concealed defects
18.3 - Definition of redhibitory defect
18.4 - The action for redhibition (actio redhibitoria)
18.5 - Redhibition (rescission) where several things are sold together
18.6 - The actio quanti minoris
18.7 - Alternative claims
18.8 - Where the redhibitory action is not available to the purchaser
18.9 - Other circumstances where rescission is not available
18.10 - Redhibitory action as a defence
18.11 - Redhibitory actions can only be brought against the seller
CHAPTER_19 - The actio ex empto in relation to the redhibitory actions
19.1 - Introduction
19.2 - Remedies for fraud or breach of express warranty on the part of the seller
19.3 - Period of prescription when rescission and damages claimed against the seller with implied knowledge
19.4 - Actio ex empto for breach of express warranty
19.5 - Redhibitory action and the actio exempto after delivery of the res vendita
19.6 - Meaning of fraud in relation to the actio ex empto
19.7 - Innocent misrepresentation
19.8 - Implied knowledge of latent defects in the res vendita imputed to artificer or merchant seller
19.9 - The manufacturer's warranty
19.10 - Measure of damages by actio ex empto for fraud or implied fraud
19.11 - Measure of damages for breach of express warranty
19.12 - Actio ex empto for fraud or innocent misrepresentation can be brought against a cessionary
19.13 - Actio ex empto as a defence
CHAPTER_20 - The purchaser's remedies under the redhibitory action
20.1 - Introduction
20.2 - The rescission of the sale
20.3 - The restoration of the purchase price
20.4 - The return of expenses
20.5 - No consequential damages claimable in the redhibitory action
20.6 - The difference between the position of the buyer and seller with regard to the redhibitory action where there are joint purchasers or vendors
20.7 - What must the purchaser restore to the vendor in the redhibitory action?
20.8 - Reduction of the purchase price by the actio quanti minoris
CHAPTER_21 - Warranties
21.1 - Introduction
21.2 - Distinction between a warranty and a representation
21.3 - Distinction between warranties and puffery
21.4 - Distinction between warranty and an expression of honest opinion
21.5 - Test for a warranty
21.6 - Warranty in regard to animals
21.7 - When is an article new?
21.8 - Sales by sample
21.9 - The exhibition of a sample does not necessarily make it a term of the contract
21.10 - Sales by sample and description
21.11 - Remedy of the purchaser where the bulk of the goods is not in accordance with the sample
21.12 - Warranty that goods must be merchantable
21.13 - Meaning of “merchantable�
21.14 - Measure of damages for breach of warranty
CHAPTER_22 - A party's rights and remedies where the other party fails to fulfil his obligations
22.1 - Introduction
22.2 - Nature of the actio ex empto, also called the actio empti
22.3 - Claim for specific performance by either party
22.4 - Enforcement of a decree of specific performance
22.5 - Damages in addition to specific performance
22.6 - The claim for specific performance or in the alternative for cancellation of the contract and damages
22.7 - Specific performance and damages claimed in the same action
22.8 - Damages for non-essential breach
22.9 - Rescission of the contract by the injured party for breach of an essential term
22.10 - Effects of rescission of the contract
22.11 - Where there has been repudiation before the date for performance
22.12 - Rescission of an instalment contract
22.13 - The injured party need not claim rescission even when entitled to do so
22.14 - Acceptance
12.15 - Other rights of the purchaser
12.16 - Rights of parties on mutual cancellation of contract of sale
12.17 - Remedies of the seller where the purchaser fails to fulfil his obligations
CHAPTER_23 - Purchase and sale by agents
23.1 - Introduction
23.2 - Brokers
23.3 - Other agents employed to sell
23.4 - Sales by auction
23.5 - Sale to an agent or trustee of company to be formed
CHAPTER_24 - Damages
24.1 - General principles
24.2 - General damages
24.3 - Special damages
24.4 - The Conventional Penalties Act 15 of 1962
CHAPTER_25 - Electronic transactions
25.1 - Introduction
25.2 - The Electronic Communications and Transactions Act 25 of 2002
25.3 - Contracts of sale by telephone
25.4 - Contracts of sale by telex
25.5 - Contracts of sale by telefacsimile
25.6 - Contracts of sale via network-linked computers and electronic mail
25.7 - Contracts of sale via short message and related services
25.8 - Transactions in “STRATE
Table of cases
