CHAPTER_1 - The nature of the contract
1.1 - Definitions of sale
1.2 - Essentials of formation of contract of sale
1.3 - Obligations arising out of the agreement of sale
1.4 - When an agreement of sale becomes binding on the parties
1.5 - Agreement of sale not in itself a transfer of dominium (ownership)
1.6 - Presumption of intention to pass ownership
1.7 - Sale of the property of a third party
1.8 - Double sales
1.9 - Disguised transactions
1.10 - Sale or exchange
1.11 - Sale and donation
1.12 - Sale and locatio conductio
1.13 - Invitation to enter into a contract of sale
1.14 - Guarantee
1.15 - Sale or pledge
1.16 - Sale on approval or sale or return
1.17 - Sale and agency
1.18 - Sale and loan
CHAPTER_2 - The parties to the contract
2.1 - Introduction
2.2 - Insanity as affecting contractual capacity
2.3 - Intoxication as affecting contractual capacity
2.4 - Contracts of minors
2.5 - Contracts of married women
2.6 - Purchases by persons in a fiduciary capacity
2.7 - Contractual capacity of an insolvent
2.8 - Capacity of artificial persons
2.9 - Nomination of another purchaser
CHAPTER_3 - The subject matter of the contract
3.1 - Introduction
3.2 - The seashore
3.3 - Sale of specific and unascertained goods
3.4 - Sales of future goods
3.5 - Sale of incorporeal things
3.6 - Restrictions on the sale of certain goods
3.7 - Fiduciary property
3.8 - Sale of an article to be made or manufactured by the seller
3.9 - Purchase of one's own property
3.10 - Sale of things burdened with fideicommissa
3.11 - Sale of res litigiosa
3.12 - Sale of a res aliena
3.13 - Owner's right of vindication
3.14 - Sale of pledged property
3.15 - Sale by auctioneers
3.16 - Total destruction of the subject matter
3.17 - Partial destruction of the subject matter
3.18 - Sale of things regarded as a unit
3.19 - Typical commodities sale contract
3.20 - Sale of a res alienna
3.21 - Non-disclosure in relation to the sale of shares
3.22 - Fraudulent transfer of immovable property
CHAPTER_4 - The price
4.1 - Introduction
4.2 - The price must be in current money
4.3 - The price must be certain or ascertainable
4.4 - The price must be real, not nominal, and there must be an intention of exacting it
4.5 - Control of prices by legislation
4.6 - Agreements
4.7 - Pledge or mortgage
4.8 - In duplum rule
CHAPTER_5 - Mutual assent
5.1 - Introduction
5.2 - Mutual agreement inter se praesentes
5.3 - Contracts entered into through the post
5.4 - Contracts entered into by telegram
5.5 - Contracts made by telephone, telefacsimile, telex and e-mail
5.7 - Place where the contract is entered into
5.8 - Indication of a mode of acceptance
5.9 - Fraud and its effect on consent
5.10 - Innocent misrepresentation
5.11 - The effect of duress, force or fear (metus or dwang)
Undue influence
CHAPTER_6 - Options and pre-emptions
6.1 - Introduction
6.2 - Requisites of a valid option
6.3 - Option: Right of pre-emption or first refusal
6.4 - Requisites of a valid right of pre-emption or of first refusal
6.5 - Sale to a third party by the grantor of an option or right of pre-emption
6.6 - Cession or sale of option
6.7 - Death of the grantor
CHAPTER_7 - Formalities of the contract (excluding sale of land)
7.1 - Introduction
7.2 - Sale or transfer of businesses
7.3 - Sale of motor vehicles
7.4 - Sales under the Second-Hand Goods Act 23 of 1955
7.5 - Sales under the National Credit Act 34 of 2005
7.6 - Sales of stock
7.7 - Sales of a petroleum fueling station
CHAPTER_8 - Formalities of the contract of sale of land or interest in land
8.1 - Sale of land or interest in land must be in writing
8.2 - Statutory regulation of the sale of land
8.3 - Deed of alienation
8.4 - When Alienation of Land Act 68 of 1981 not applicable?
8.5 - Time for performance
8.6 - Transfer by order of the court following a divorce or separation
8.7 - Requirements for sales of land and residential land
8.8 - Issues raised in case law
CHAPTER_9 - Terms and conditions in contracts of sale
9.1 - Conditions and terms contrasted
9.2 - Suspensive conditions
9.3 - Resolutive conditions
9.4 - The Corondimas principle
9.5 - Conditional sales
9.6 - The effects of sale under a suspensive condition
9.7 - Sales under a resolutive condition
9.8 - Effect of death of contracting parties on conditional sales
9.9 - When conditional sales are deemed absolute
9.10 - Pacta adiecta
9.11 - The addictio in diem
9.12 - The lex commissoria
9.13 - The effects of a lex commissoria
9.14 - The pactum displicentiae
9.15 - The pactum de retrovendendo
9.16 - The pactum de retro emendo
9.17 - Instalment sale agreements under the common law
9.18 - Restrictive conditions attached to a contract for the sale of stands or erven in a township or in a defined area
CHAPTER_10 - The Consumer Protection Act 68 of 2008
CHAPTER_11 - Credit legislation
11.1 - The Credit Agreements Act 75 of 1980
11.2 - The National Credit Act 34 of 2005
CHAPTER_12 - The incidence of the risk
12.1 - General
12.2 - The unilateral appropriation of goods to the contract
12.3 - Risk in goods sold subject to a test
12.4 - Risk in a sale of things sold subject to a resolutive condition
12.5 - Risk in regard to the sale of immovables
12.6 - Risk of things sold in the alternative
12.7 - Risk where the vendor sells the same article to two persons in succession and it is destroyed before delivery to either
12.8 - Damage to or destruction of one of several things forming a unity
12.9 - Risk between completion of contract and delivery
12.10 - The onus of proving loss by accident
12.11 - Effects of mora on risk
12.12 - Injury to the goods by an act of a third party while at the purchaser's risk
12.13 - Risk in sales where the vendor undertakes the duty of delivery at a place other than that of sale or manufacture
12.14 - The profit of the thing sold
CHAPTER_13 - The obligations or duties of the parties to the contract of sale
13.1 - Introduction
13.2 - Exeptio non adimpleti contractus
13.3 - Onus of proof
13.4 - Obligation of parties
13.5 - The seller's duty to deliver the res vendita
13.6 - Payment of the price
13.7 - The purchaser's duty to take delivery of the res vendita
13.8 - Delivery in instalments
13.9 - Acceptance or rejection of part of the res vendita
13.10 - Receipt and acceptance of the goods in excess of the quantity purchased
13.11 - Acceptance
13.12 - The purchaser's duty to pay necessary and useful expenses
13.13 - The parties' duty to carry out any other obligations under the contract
13.14 - No duty on the purchaser to return goods to the vendor after rejection
CHAPTER_14 - Delivery and its effects
14.1 - Introduction
14.2 - What is delivery?
14.3 - Conditions of delivery
14.4 - Nature of delivery
14.5 - Deliver of an immovable
14.6 - Delivery of an incorporeal
14.7 - Delivery of movables
14.8 - Sale without delivery: Rights of purchaser
14.9 - Sales for cash
14.10 - Sales on credit
14.11 - Sale of land for cash against transfer
14.12 - Stipulations for payment or performance at a future date
14.13 - Provisions of the Insolvency Act 24 of 1936 with regard to the sale of land
14.14 - Provisions of the Insolvency Act 24 of 1936 with regard to the sale of movable property
14.15 - Delivery to a carrier
CHAPTER_15 - The obligations of the vendor arising from particular terms in the contract
15.1 - Particular terms
15.2 - Delivery free on board
15.3 - Delivery free on rail
15.4 - Sale of goods cost, insurance, freight
15.5 - Vis major or force majeur or casus fortuitus
15.6 - Effect of contracting to deliver by instalments
15.7 - Delivery during a period “at seller's option�
15.8 - Delivery of goods “to be railed to buyer's instructions�
15.9 - Sales ad corpus or ad quantitatem
15.10 - Delivery of lesser or more than the quantity contracted for
15.11 - The effect of the qualifying words “about� or “more or less�
15.12 - Tender to deliver mixed goods
15.13 - Special terms in the contract in regard to quality
CHAPTER_16 - Duty to guarantee the purchaser against eviction
16.1 - Undisturbed possession
16.2 - The nature of the eviction
16.3 - Who can sue on account of eviction?
16.4 - Guaranteeing the purchaser against eviction when the action on the guarantee arises
16.5 - Cases in which the vendor incurs no liability on account of eviction
16.6 - Duties of the purchaser
16.7 - Measure of damages for breach of warranty against eviction
16.8 - Measure of damages for partial eviction
CHAPTER_17 - Duty to deliver the res vendita free from burdens not specifically mentioned at the time of the sale
17.1 - Introduction
17.2 - Knowledge by purchaser of a servitude over land sold
17.3 - Registered servitudes
17.4 - Sale of leased property
17.5 - Sale of mortgaged property
17.6 - Sale of pledged property
17.7 - Purchaser's remedies on discovering servitudes not disclosed
CHAPTER_18 - The implied warranty against latent defects
18.1 - Introduction
18.2 - The vendor's guarantee against secret or concealed defects
18.3 - Definition of redhibitory defect
18.4 - The action for redhibition (actio redhibitoria)
18.5 - Redhibition (rescission) where several things are sold together
18.6 - The actio quanti minoris
18.7 - Alternative claims
18.8 - Where the redhibitory action is not available to the purchaser
18.9 - Other circumstances where rescission is not available
18.10 - Redhibitory action as a defence
18.11 - Redhibitory actions can only be brought against the seller
CHAPTER_19 - The actio ex empto in relation to the redhibitory actions
19.1 - Introduction
19.2 - Remedies for fraud or breach of express warranty on the part of the seller
19.3 - Period of prescription when rescission and damages claimed against the seller with implied knowledge
19.4 - Actio ex empto for breach of express warranty
19.5 - Redhibitory action and the actio exempto after delivery of the res vendita
19.6 - Meaning of fraud in relation to the actio ex empto
19.7 - Innocent misrepresentation
19.8 - Implied knowledge of latent defects in the res vendita imputed to artificer or merchant seller
19.9 - The manufacturer's warranty
19.10 - Measure of damages by actio ex empto for fraud or implied fraud
19.11 - Measure of damages for breach of express warranty
19.12 - Actio ex empto for fraud or innocent misrepresentation can be brought against a cessionary
19.13 - Actio ex empto as a defence
CHAPTER_20 - The purchaser's remedies under the redhibitory action
20.1 - Introduction
20.2 - The rescission of the sale
20.3 - The restoration of the purchase price
20.4 - The return of expenses
20.5 - No consequential damages claimable in the redhibitory action
20.6 - The difference between the position of the buyer and seller with regard to the redhibitory action where there are joint purchasers or vendors
20.7 - What must the purchaser restore to the vendor in the redhibitory action?
20.8 - Reduction of the purchase price by the actio quanti minoris
CHAPTER_21 - Warranties
21.1 - Introduction
21.2 - Distinction between a warranty and a representation
21.3 - Distinction between warranties and puffery
21.4 - Distinction between warranty and an expression of honest opinion
21.5 - Test for a warranty
21.6 - Warranty in regard to animals
21.7 - When is an article new?
21.8 - Sales by sample
21.9 - The exhibition of a sample does not necessarily make it a term of the contract
21.10 - Sales by sample and description
21.11 - Remedy of the purchaser where the bulk of the goods is not in accordance with the sample
21.12 - Warranty that goods must be merchantable
21.13 - Meaning of “merchantable�
21.14 - Measure of damages for breach of warranty
CHAPTER_22 - A party's rights and remedies where the other party fails to fulfil his obligations
22.1 - Introduction
22.2 - Nature of the actio ex empto, also called the actio empti
22.3 - Claim for specific performance by either party
22.4 - Enforcement of a decree of specific performance
22.5 - Damages in addition to specific performance
22.6 - The claim for specific performance or in the alternative for cancellation of the contract and damages
22.7 - Specific performance and damages claimed in the same action
22.8 - Damages for non-essential breach
22.9 - Rescission of the contract by the injured party for breach of an essential term
22.10 - Effects of rescission of the contract
22.11 - Where there has been repudiation before the date for performance
22.12 - Rescission of an instalment contract
22.13 - The injured party need not claim rescission even when entitled to do so
22.14 - Acceptance
12.15 - Other rights of the purchaser
12.16 - Rights of parties on mutual cancellation of contract of sale
12.17 - Remedies of the seller where the purchaser fails to fulfil his obligations
CHAPTER_23 - Purchase and sale by agents
23.1 - Introduction
23.2 - Brokers
23.3 - Other agents employed to sell
23.4 - Sales by auction
23.5 - Sale to an agent or trustee of company to be formed
CHAPTER_24 - Damages
24.1 - General principles
24.2 - General damages
24.3 - Special damages
24.4 - The Conventional Penalties Act 15 of 1962
CHAPTER_25 - Electronic transactions
25.1 - Introduction
25.2 - The Electronic Communications and Transactions Act 25 of 2002
25.3 - Contracts of sale by telephone
25.4 - Contracts of sale by telex
25.5 - Contracts of sale by telefacsimile
25.6 - Contracts of sale via network-linked computers and electronic mail
25.7 - Contracts of sale via short message and related services
25.8 - Transactions in “STRATE
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