Category | Assignment | Subject | Commercial Law |
---|---|---|---|
University | The University of Fort Hare (UFH) | Module Title | ACL11E Commercial Business Law |
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.
In constructing and writing up your essay, use the following table as a guide to how your lecturer will evaluate your work.
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