CLA1502_tut201_2007_2_e.pdf - CLA104V DEPARTMENT OF MERCANTILE LAW COMMERCIAL LAW 1B(CLA104A TUTORIAL LETTER FIRST AND SECOND SEMESTER Dear Student This

CLA1502_tut201_2007_2_e.pdf - CLA104V DEPARTMENT OF...

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CLA104V/201/2/2007 DEPARTMENT OF MERCANTILE LAW COMMERCIAL LAW 1B (CLA104A) TUTORIAL LETTER 201/3/2007 FIRST AND SECOND SEMESTER Dear Student This tutorial letter contains the memorandum and commentary on the assignment. The aim of this discussion is to draw your attention to certain important aspects of the questions which you may have overlooked. Read the comments carefully to make sure that you understand both why the particular answer is correct and why the distractors (the incorrect options) are incorrect. If you are still not sure after reading the commentary, go back to the original source in your prescribed textbook. NOTE : All references in brackets refer to your prescribed textbook, Havenga P et al General Principles of Commercial Law 5 ed (2004). COMMENTARY ON THE ASSIGNMENT QUESTION 1 (Contract of Sale, chapter 13) 3 is the CORRECT answer because both statements B and D are the essentialia of a contract of sale. B is CORRECT, because a contract of sale can only come into existence if there is consensus on the merx. D is CORRECT, because a contract of sale can only come into existence if there is consensus on the purchase price. These two characteristics distinguish a contract of sale from other contracts. 1 is an INCORRECT answer because neither statement A nor C are the essentialia of a contract of sale. A is INCORRECT, because the parties to a contract of sale may agree on the date and time of delivery of the merx, but this is not essential in order to bring about a valid contract of sale. C is INCORRECT, because although, both parties should intend ownership to be transferred by delivery of the merx, neither is this a distiguishing factor between the contract of sale and other contracts. 2 is an INCORRECT answer because although statement D is an essentiale of a contract of sale, statements A and C are not the essentialia of a contract of sale. D is CORRECT, because a contract of sale can only come into existence if there is consensus on the purchase price. A is INCORRECT, because the parties to a contract of sale may agree on the date and time of delivery of the merx, but this is not essential in order to bring about a valid contract of sale. C is
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2 INCORRECT, because although, both parties should intend ownership to be transferred by delivery of the merx, it is not a distiguishing factor between the contract of sale and other contracts. 4 is an INCORRECT answer because although B and D are essentialia of a contract of sale, A is not. B is CORRECT, because a contract of sale can only come into existence if there is consensus on the merx. D is CORRECT, because a contract of sale can only come into existence if there is consensus on the purchase price. These two characteristics distinguish a contract of sale from other contracts. A is INCORRECT, because the parties to a contract of sale may agree on the date and time of delivery of the merx, but this is not essential in order to bring about a valid contract of sale.
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