Study Set Content:
Where must the seller deliver the object sold to the buyer?
The place agreed upon.
Where must the object be delivered if no agreement was reached?
- Place where contract was concluded
- Home of seller
- Business of seller
What is the influence of the Consumer Protection Act on delivery?
If CPA is applicable and the parties did not expressly agree on the details of delivery, it is implied that supplier (seller) is responsible to deliver the goods on the agreed date and time, if any, or otherwise within reasonable time at the agreed place of delivery and at the cost of the supplier.
Section 19(3) of CPA
The supplier may not require that the consumer (purchaser) accept delivery at an unreasonable time
What is the presumed place of delivery ito of CPA s19(2)(b)?
- Supplier's place of business
- Supplier's residence
Section 19(5) of the CPA ?
Before accepting delivery of goods, a consumer is entitled to examine them to make sure
they are of the type and quality agreed upon or, if a special order was placed, reasonably match
the material specifications.
What happens if supplier delivers goods at a location, date or time other than as agreed ito S21 of CPA?
- Consumer can agree to the change
- Insist on delivery at the agreed location, date and time
- Cancel the transaction without penalty, treating the delivered goods as unsolicited goods.
What happens if a supplier delivers a larger quantity of goods than were ordered?
- Consumer may reject all of the delivered goods
- Consumer may accept and pay only for the agreed quantity and treat the rest as unsolicited goods
What happens if a supplier delivers not all of the goods?
- Consumer may accept those goods as agreed
- Consumer may reject the rest or reject all of the delivered goods
When does a double sale take place?
When a seller sells the same object to two different purchasers
What is the general rule regarding double sale?
He who is first in time, is preferred in right. Prior in tempore potior in iure.
What claim does first buyer have in double sale where both buyers have personal rights or neither have acquired ownership?
- First buyer with whom a deed of sale is concluded can enforce his legal claim in terms of the deed against the seller and other buyer
- OR first buyer can protect it with use of an interdict.
What claim does second buyer have in double sale where both buyers have personal rights or neither have acquired ownership?
If second buyer is unaware of first buyer acquiring deed of sale second buyer has contractual claim to
- Eviction
- Mora debitoris - rendering performance impossible
- Repudiation against the seller.
What claim does first buyer have in double sale he has acquired ownership?
Buyer who acquired ownership has real right and trumps personal right of second buyer.
What claim does second buyer have in double sale where he was unable to acquire ownership?
If second buyer was unaware he has a contractual claim based on
- eviction,
- mora debitoris - rendering performance impossible or
- repudiation against the seller,
What is the res litigiosa doctrine?
Where a second sale occurs pending merx lawsuit, the rights of the first purchaser prevail and are consequently enforceable against the second purchaser.
Meridian Bay Restaurant Ruling
Ito doctrine of notice purchaser who acquires a merx to which his predecessor in title has granted a personal right to a third party, may be held bound to give effect to third party who has personal right. Has to hand it over to person with personal right regardless of whether delivery to another has taken place.
Grosvenor Motors Ruling
Mere delivery of merx does not justify inference of credit sale. Intention was cash sale and payment never occured. D remained owner and succeeded rei vindicatio.
Lendalease ruling
Symbolic delivery. Credit sale because of letter of credit.
