ACL11E Commercial Business Law Assignment Question 2025-26 | UFH

Assignment Question of ACL11E:

According to your agreement of sale, the house is sold voetstoets, as it is,and you are taken to have inspected it - but what does this mean when -upon taking occupation you discover that the roof leaks, the stove does notwork   and   rising   damp   has   been concealed   by   a   fresh   coat   of   paint.

In common law, the seller is not liable for patent defects in goods sold. If you purchase   a   house   and   there   are   certain   obvious   defects   -   for   example,broken windows, cracks in the walls, and so forth - defects which would have been revealed by a reasonably careful inspection of the property, then you,as buyer, have no claim against the seller. With latent defects, however, the position is different. Where there is some defect in the house which is not apparent on a careful inspection, the seller is liable for those defects if he or she knew about them. In such an instance, the seller may be called upon tore fund part of the purchase price or even to accept cancellation of the entire sale, depending on the nature or extent of the defect. Reference to case law and relevant legislation, in line with the principle of action quantiminoris and action redhibitoria, discuss the contextual meaning of latent defect, the purchaser’s remedies, Voetstoets clauses, and the guiding principles   of   the   law   of   sale   and   purchase.

LECTURER’S MARKING GRID/GUIDELINE OF ACL11E

In constructing and writing up your essay, use the following table as a guide to how your lecturer will evaluate your work.