QUESTION4
4.1
• Suspensive- contract suspended until the happening of
• The uncertain future event
• Resolutive- contract commences immediately but
• Continuation of the contract is depended on uncertain future event (4)
4.2
• Contract depends on an certain future event
• Which might happen or not happen
• Rights and duties are suspended
• The contract is therefore suspended
• Until the happening/not happening
• Of such an uncertain future event
(6)
(10 MARKS]
QUESTION5
• Section 13 of the Credit Agreement Act of 1980 is applicable
• It is called a cooling off period
• The purchaser is given have days to re-think about the contract
REQUIREMENTS:
• It was initiated by the credit granter
• Takes place at the place which is a usual place of business of the credit granter
• Credit granter has 10 days to refund the money
[GMARKS]
QUESTION6
6.1
• Risk rule applicable, accidental damages pass to the purchaser once the contract is perfecta
• If there is the price
• Thing
• No condition
• Therefore the risk remains with the seller because of the condition
(5)
6.2
• If the loan is obtained
• The condition is fulfilled
• The contract becomes perfecta
• The purchaser pays the purchase price
• Even if the thing is not delivered.
(5)
(10 MARKS]
2