There Must Be An Agreement On The Merx

26 If the seller of the goods has an invalidable property, but his property is unavoidable at the time of the sale, the buyer acquires a good property of the goods, provided that the buyer acquires it in good faith and without notice of the seller`s lack of ownership. R.S., about 408, 26. South Africa follows the Roman rule of risk. In the absence of negligence on the part of the seller, the general rule is that the risk is transferred to the buyer if the sale is perfect: that is, as soon as the sales contract is concluded, and before the delivery or payment of the price. [56] This requirement does not prevent parties from doing difficult business and getting the thing at a very low price or selling it at a very high price, as they intend to buy or sell at that price. It follows that the price does not necessarily have to be fair or equivalent to the value of the deal, but that it is a real price that the seller intends to claim and that the buyer intends to pay. Zulman and Kairinos say that the natural consequence of this rule is that the total price must be paid by the buyer, although the thing sold is damaged or destroyed before it is handed over. 10 In the event of an agreement to sell certain goods, the goods are lost to the buyer without fault of the seller or buyer before the transfer of risk, thus avoiding the contract. R.S., about 408, 10.

Actio quanti minoris can also be sought in a second set of circumstances. While this gap is so worrying that it is not large enough to cause action in favour of famine in red, it can nevertheless lead to an actio quanti minoris. A buyer can therefore ask for a reduction in the purchase price if he had still entered into the contract (despite the default), but at a lower price. A buyer can sue and in the alternative quanti minoris claim damages. 4. A sale agreement becomes a sale when time runs out or when the conditions under which ownership of the goods are to be transferred are met. R.S., about 408, 4. Normally, the price to pay for the Merx must be set by the parties. It is not an absolute rule.

The general principle is id certum is quod certum reddi potest: What can be easily safe is safe. It is therefore not necessary that the price was actually set to meet this requirement; it is sufficient that the parties have agreed on a method of setting the price. In Burroughs Machines Ltd v Chenille Corporation of SA (Pty) Ltd,[34] Says Colman J, Rule 4. If the goods are delivered to the buyer after authorization or "in the event of sale or restitution" or similar conditions, the property is transferred to the buyer. The seller must make the thing sold available in the place agreed in the contract. If no location is agreed, it must be made available where the item is located, if it is specific. If security is not established, the seller must make them available in his place of business; if he does not have a head office, it is at his home. If the case is ordered to manufacture, the case must be made available at the manufacturing site if no agreement to the contrary is reached. [81] [82] 44 (1) The unpaid seller of the merchandise loses his right of pledge or retention when the sale of unblocked goods is made, the buyer may refuse the goods and re-treat the seller as if there had been no delivery at all (whether the infringement is significant or not), provided the damage is not minimal. However, if the customer accepts the res vendita, he claims damages, the damage is estimated on the basis of the difference between the value of the resonant product and the value of the damaged goods delivered. The buyer can also claim the expenses. The price must be denominated in valid currency.

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