C where it can be deducted from pervious transactions

c. Where it can be deducted from pervious transactions.
d. Where it is customary.
e. Where the seller accepts a post-dated cheque.
f. Where the seller does not insist on immediate payment.
A cheque is not a legal tender – a seller may refuse a payment by cheque.
A cheque is an instruction to the bank of the drawer of the cheque to pay the amount of the
cheque to the payee.
Payment by cheque is therefore conditional – the condition is that the amount represented
by the cheque is actually paid to the seller.
The intentions of the seller and buyer will still determine whether it is a cash or credit sale.
The legal position regarding payment by cheque can be summarised as follows:
a. The sale is neither cash nor credit.
b. The intention of the parties determines whether it is cash or credit.
c. Payment by cheque is conditional.
d. A post-dated cheque constitutes a tacit granting of credit.
Delivery of the thing sold

BER 210 Chapter 9: Duties of the Seller
Forms of delivery:
a. Movable and incorporeal property – cession (example; book-debts)
b. Immovable and incorporeal property – registration of the cession of rights in terms of the
Registration of Deeds Act 47 of 1937 (example; servitudes)
c. Immovable and corporeal property – registration in terms of the Registration of Deeds Act 47
of 1937 (example; land)
d. Movable and corporeal property – delivery, change of intentions, symbolic delivery, marking
or pointing out.
Movable and corporeal property – delivery methods:
Method: Explanation:
Actual delivery (de
manu in manum)
The object sold is handed over physically by the seller to the buyer.
Delivery with short
hand (traditio brevi
manu)
The buyer is already in passion of the thing sold. Delivery takes place by
a change in intention of the parties. For example where a person rents
a car and wishes to purchase it.
Constitutum
possessorium
Delivery takes place through the change in intention of the buyer and
seller, but the seller remains physically in possession of the thing sold.
For example A sells a car to B, but at the same time A and B agree that
A will rent the car from B. therefore the seller (A) remains in
possession.
Attornment The object sold is physically in possession of a 3 rd party and delivery
takes place through a change of intention of the buyer and seller.
Before conclusion the 3 rd party keeps the object on behalf of the seller,
after, on behalf of the buyer.
Symbolic delivery The seller places the buyer in possession of a symbol by means of
which the buyer gains control over the object sold.
Delivery through
marking
Delivery takes place by marking the thing/s bought or sold.
For example marking sheep.
Delivery with the long
hand
Delivery takes place in that the object is pointed out by the seller to the
buyer with the intention that ownership shall pass.