course of time both actions became known as “the” aedilitian remedies and were routinely available. See id. at By restitution, in this. Remedies The aedilitian remedies are the actio redhibitoria and the action quanti minoris. The purchaser may set the contract aside and claim restitutio in. Buyer’s Remedies for Latent Defects in the Merx These delictual remedies are called aedilitian remedies namely; actio redhibitoria and actio quanti.
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Res alienathings that are not the property of the seller, may also be the subject of a valid sale. Risk in the res vendita does not pass until goods answering the description in the contract have been appropriated to the contract.
South African law of sale
Where there is an express term of the contract in apparent conflict with a voetstoots clause, a question arises as to awdilitian the buyer has an action against the seller. As you say, this is a collective term for redhibitory and “quanti minoris” actions. That being said, it is now much more difficult to show an agreement on credit than under the common law.
I can find nothing in Roman-Dutch law which stands in the way of an order being made in favour of a purchaser for cancellation of a contract of sale and repayment of the price by reason of a refusal by the defendant to deliver the property sold. Ownership passes on delivery only if cash is paid, or if credit has been allowed.
Sand that manages to pass through the grass belts can be caught in strips of trees planted as wind breaks 50 to meters apart adjacent to the belts. If the buyer fails to give the necessary notice, he has no recourse against the seller unless he can prove that the third party’s right is incontestable, or that it is the seller’s fault that the notice did not reach him in time.
In other words, the price should be real and bear some sort of relationship to the actual value of the thing, and the seller must intend actually exacting the price.
The general principle is id certum est quod certum reddi potest: In summary, “on a conspectus of all the [ Although it is a question of fact, a price is often not held to be real or serious if it bears absolutely no relation to the value of the thing sold. If a person sells for a small price meaning to make a gift, the sale is valid, for it is only when donation is the sole consideration moving the sale that we hold it absolutely void; but when a thing is sold at a reduced price as a mode of donation there is no doubt that the sale is good.
South African law of sale – Wikipedia
The legal effect of suspensive conditions in the law of sale is a matter of some controversy, but effectively the position is this: The sale is not void simply because the seller is not the owner of xedilitian res venditaand has sold it without the owner’s authority.
Login to enter a peer comment or grade. View Ideas submitted by the community. More efficient use of remediies water resources and control of salinization are other effective tools for improving arid lands. The seller must make the thing sold available at the place agreed upon in the contract. If it consists partly in money and partly in goods, the contract may be a sale or an exchange, depending upon the intention of the parties.
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Increased population and livestock pressure on marginal lands has accelerated desertification. In these marginal areas, human activity may stress the ecosystem beyond its tolerance limit, resulting in degradation of the land.
In this regard, a distinction must be drawn between sales ad quantitatem and sales per aversionem. What are aedilitian remedies? If we are to stop and reverse the degradation of arid and semiarid lands, we must understand how and why the rates of climate change, population growth, and food production adversely affect these environments.
Unlike other contracts, a contract subject to a suspensive condition only becomes a contract of sale once the condition remediea fulfilled. In other circumstances, the remedies are not contractual; they find their roots in the aedilitian actions of Roman law.
English PRO pts in category: In Frumer v Maitland Schreiner JA noted that, “The appellant was entitled to delivery of the house in a state not materially different from that in which it was at the date of the contract. There are aerilitian methods of constructive delivery:. In the absence of agreement express or implied that credit has been granted, it is presumed that every sale is a cash sale.
It is a general rule of our law that there can be no valid contract of sale unless the parties have agreed, expressly or by implication, upon a purchase price. Thus, Boucher runs the risk of making a loss, in that he must pay even if nothing comes into existence, aediltian may benefit in that he may receive greater value than his capital outlay.
From the RAE dictionary: It is I think clear that there can be no valid contract of sale unless the parties have agreed, expressly or by implication, upon a purchase price. Delivery of the resin such circumstances, would result in transfer from the seller to the buyer of whatever rights the seller had. If no time is stipulated, the res vendita must be made available immediately if performance is possible at the time of saleor within a reasonable time if the process must necessarily take time.
If the price set is merely nominal in amount, this may be a strong indication that the parties intend a donation, not a sale.
If the res is unascertained, the seller must make it available at his place of business; if he has no place of business, then at his residence. One salient question here is whether or not an undertaking by the seller to deliver the goods at a specified destination necessarily implies agreement to vary the incidence of the risk.
Secondly, it means that the seller must make available the thing sold in such a way that no-one in future can establish a ermedies legal right to the thing against the buyer. I don’t want to seem ungrateful, but in view of the client’s response I think that by rights you probably should have chosen Adrian’s answer.
Their most famous edict concerned a seller’s liability for latent defects.