Study Set Content:
What is the purpose of the notification to seller?
Enable the seller to assist the buyer, or to put up a defence against the claim of the third party
Why must the notification be given in sufficient time?
To enable the seller to prepare his defence and to assist the buyer in proving his title.
The buyer has to notify the seller even if the seller has already...
received knowledge of the eviction
When is the buyer relieved from any further duty of notification.
- Where seller cannot be found
- Where the seller intentionally avoids the notification
When is notification is deemed to be sufficient?
If buyer delivers the notification to the seller’s last known address.
Seller can do four things once he receives notification which are?
- take cession of the buyer’s rights and intervene;
- assist the buyer and furnish the necessary proof of title;
- be joined as a party to the lawsuit; or
- do nothing
Virile defence (buyer) to hold seller liable against third party is applicable where?
- Buyer does not effectively notify the seller of the eviction
- Seller does not assist the buyer in the lawsuit
What determines if Virile defence is forcible?
Circumstances of each case.
The buyer must act as a what in the lawsuit?
reasonable litigant
When is buyer not acting as a reasonable litigant?
- buyer does not defend the lawsuit
- buyer fails to put up an available defence
Where does the buyer have no or limited right of recourse?
- The seller is only liable in terms of the warranty where the reason or cause of eviction already existed at the time of conclusion of the contract, or where it was caused after conclusion of the contract due to the seller’s fault.
- Even where the seller has excluded his liability for damages, the buyer may still cancel the sale and reclaim the purchase price
- The seller will not be held liable where the buyer knew that the seller was not the owner of the object at the time of conclusion of the contract
- Where the seller was unsure at the time of conclusion of the contract whether or not the object belonged to him and has made this known to the buyer, the seller cannot be held liable.
- The seller will not be liable where the buyer’s claim against him has prescribed
- Where the eviction was caused by force majeure (vis maior) the buyer has no right of recourse.
