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.
Select a format
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
Product description
Norman's Law of Purchase and Sale in South Africa captures the important judicial decisions and relevant statutes.
The authors have adopted the practice of not merely citing cases but of incorporating extensive extracts from the leading judgments in the text, thus stating the law as far as possible in the words of the judges themselves.
Table of contents
The nature of the contract
Definitions of sale
Essentials of formation of contract of sale
Obligations arising out of the agreement of sale
When an agreement of sale becomes binding on the parties
Agreement of sale not in itself a transfer of dominium (ownership)
Presumption of intention to pass ownership
Sale of the property of a third party
Disguised transactions
Sale or exchange
Sale and donation
Sale and "locatio conductio
Invitation to enter into a contract of sale
Guarantee
Sale or pledge
"Sale on approval" or "sale or return"
Sale and agency
Sale and loan
The parties to the contract
Introduction
Insanity as affecting contractual capacity
Intoxication as affecting contractual capacity
Contracts of minors
Contracts of married women
Purchases by persons in a fiduciary capacity
Contractual capacity of an insolvent
Capacity of artificial persons
The subject matter of the contract
Sale of specific and unascertained goods
Sales of future goods
Sale of incorporeal things
Restrictions on the sale of certain goods
Fiduciary property
Sale of an article to be made or manufactured by the seller
Purchase of one's own property
Sale of things burdened with "fideicommissa"
Sale of res litigiosa
Sale of a res aliena
Owner's right of vindication
Sale of pledged property
Sale by auctioneers
Total destruction of the subject matter
Partial destruction of the subject matter
Sale of things regarded as a unit
The price
Introduction
The price must be in current money
The price must be certain or ascertainable
The price must be real, not nominal, and there must be the intention of exacting it
Control of prices by legislation
Mutual assent
Introduction
Mutual agreement inter se praesentes
Contracts entered into through the post
Contracts entered into by telegram
Contracts made by telephone, telefacsimile, telex and e-mail
Place where the contract is entered into
Indication of a mode of acceptance
Fraud and its effect on consent
Innocent misrepresentation
The effect of duress, force or fear (metus or dwang)
Undue influence
Options and pre-emptions
Introduction
Requisites of a valid option
Option: Right of pre-emption or first refusal
Requisites of a valid right of pre-emption or of first refusal
Sale to a third party by the grantor of an option or right of pre-emption
Cession or sale of option
Death of grantor
Formalities of the contract
Introduction
Sale of land or interest in land must be in writing
Sale or transfer of businesses
Sale of motor vehicles
Sales under the Second-hand Goods Act
Sales under the Credit Agreements Act 75 of 1980
Sales of stock
Terms and conditions in contracts of sale
Conditional sales
The effects of sale under a suspensive condition
Sales under a resolutive condition
Effect of death of contracting parties on conditional sales
When conditional sales are deemed absolutePacta adiecta
The effects of a lex commissoria
Instalment sale agreements under the common law
The pactum displicentiae
The pactum de retrovendendo
The pactum de retro emendo
Restrictive conditions attached to a contract for the sale of stands or erven in a township or in a defined area
The Credit Agreements Act 75 of 1980
The incidence of the risk
The unilateral appropriation of goods to the contract
Risk in goods sold subject to a test
Risk in a sale of things sold subject to a resolutive condition
Risk in regard to the sale of immovables
Risk of things sold in the alternative
Risk where the vendor sells the same article to two persons in succession and it is destroyed before delivery to either
Damage to or destruction of one of several things forming a unity
Risk between completion of contract and delivery
The onus of proving loss by accident
Effects of mora on risk
Injury to the goods by act of a third party while at purchaser's risk
Risk in sales where the vendor undertakes the duty of delivery at a place other than that of sale or manufacture
The profit of the thing sold
The obligations or duties of the parties to the contract of sale
The seller's duty to deliver the res vendita
Payment of the price
The purchaser's duty to take delivery of the res vendita
Delivery in instalments
Acceptance or rejection of part of the res vendita
Receipt and acceptance of the goods in excess of the quantity purchased
Acceptance
The purchaser's duty to pay necessary and useful expenses
The parties' duty to carry out any other obligations under the contract
No duty on the purchaser to return goods to the vendor after rejection
Delivery and its effects
Delivery of an immovable
Delivery of an incorporeal
Delivery of movables
Sale without delivery: Rights of purchaser
Sales for cash
Sales on credit
Sale of land for cash against transfer
Stipulations for payment or performance at a future date
Provisions of the Insolvency Act in regard to sale of land
Provisions of the Insolvency Act in regard to sale of movable property
Delivery to a carrier
The obligations of the vendor arising from particular terms in the contract
Particular terms
Delivery F.O.B.
Delivery F.O.R
Sale of goods C.I.F.
Vis major or force majeur or casus fortuitus
Effect of contracting to delivery by instalments
Delivery during a period "at seller's option"
Delivery of goods "to be railed to buyer's instructions"
Sales ad corpus or ad quantitatem
Delivery of loss or more than the quantity contracted for
The effect of the qualifying words "about" or "more or less"
Tender to deliver mixed goods
Special terms in the contract in regard to quality
The duty of guaranteeing the purchaser against eviction
Undisturbed possession
The nature of the "eviction"
Who can sue on account of eviction?
Guaranteeing the purchaser against eviction when the action on the guarantee arises
Cases in which the vendor incurs no liability on account of eviction
Duties of the purchaser
Measure of damages for breach of warranty against eviction
Measure of damages for partial eviction
The duty of delivering theres vendita free from burdens not specifically mentioned at the time of the sale
Introduction
Knowledge by purchaser of a servitude over land sold
Registered servitudes
Sale of leased property
Sale of mortgaged property
Sale of pledged property
Purchaser's remedies on discovering servitudes not disclosed
The implied warranty against latent defect
Introduction
The vendor's guarantee against secret or concealed defects
Definition of redhibitory defect
The action for redhibition (actio redhibitoria)
Redhibition (rescission) where several things are sold together
Theactio quanti minoris
Alternative claims
Where the redhibitory action is not available to the purchaser
Other circumstances where rescission is not available
Redhibitory action as a defence
Redhibitory actions can only be brought against the seller
Theactio ex empto in relation to the redhibitory actions
Introduction
Remedies for fraud or breach of express warranty on the part of the seller
Period of prescription when rescission and damages claimed against the seller with implied knowledge
Actio ex empto for breach of express warranty
Redhibitory action and theactio exempto after delivery of the res vendita
Meaning of fraud in relation to the actio ex empto
Innocent misrepresentation
Implied knowledge of latent defects in theres vendita imputed to artificer or merchant seller
The manufacturer's warranty
Measure of damages byactio ex empto for fraud or implied fraud
Measure of damages for breach of express warranty
Actio ex empto for fraud or innocent misrepresentation can be brought against a cessionary
Actio ex empto as a defence
The purchaser's remedies under the redhibitory action
Introduction
The rescission of the sale
The restoration of the purchase price
The return of expenses
No consequential damages claimable in the redhibitory action
The difference between the position of the buyer and seller with regard to the redhibitory action where there are joint purchasers or vendors
What must the purchaser restore to the vendor in the redhibitory action?
Reduction of the purchase price by the actio quanti minoris
Warranties
Introduction
Distinction between a warranty and a representation
Distinction between warranties and puffery
Distinction between warranty and an expression of honest opinion
Test for a warranty
Warranty in regard to animals
When is an article new?
Sales by sample
The exhibition of a sample does not necessarily make it a term of the contract
Sales by sample and description
Remedy of the purchaser where the bulk of the goods is not in accordance with the sample
Warranty that goods must be merchantable
Meaning of "merchantable"
Measure of damages for breach of warranty
A party's rights and remedies where the other party fails to fulfil his obligations
Introduction
Nature of the actio ex empto , also called the actio empti
Claim for specific performance by either party
Enforcement of a decree of specific performance
Damages in addition to specific performance
The claim for specific performance or in the alternative for cancellation of the contract and damages
Specific performance and damages claimed in the same action
Damages for non-essential breach
Rescission of the contract by the injured party for breach of an essential term
Effects of rescission of the contract
Where there has been repudiation before the date for performance
Rescission of an instalment contract
The injured party need not claim rescission even when entitled to do so
Acceptance
Other rights of the purchaser
Rights of parties on mutual cancellation of contract of sale
Remedies of the seller where the purchaser fails to fulfil his obligations
Purchase and sale by agents
Introduction
Brokers
Other agents employed to sell
Sales by auction
Sale to an agent or trustee of company to be formed
Damages
General principles
General damages
Special damages
The Conventional Penalties Act 15 of 1962, as amended ("the Act")
Electronic transactions
Introduction
The Electronic Communications and Transactions Act 25 of 2002 ("the Act")
Contracts of sale by telephone
Contracts of sale by telex
Contracts of sale by telefacsimile
Contracts of sale via network-linked computers and electronic mail
Contracts of sale via short message and related services
Transactions in "STRATE"