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.

Author: Kazrabei Keramar
Country: Uruguay
Language: English (Spanish)
Genre: Environment
Published (Last): 25 May 2006
Pages: 404
PDF File Size: 9.97 Mb
ePub File Size: 15.89 Mb
ISBN: 477-5-78491-235-6
Downloads: 98446
Price: Free* [*Free Regsitration Required]
Uploader: Nikoshura

Since this is contrary to the common-law position and, indeed, to logicthe significant types of contracts with the character of a sale, and subject aediliitian suspensive conditions, have been covered by legislative amendments, so that the anomaly does not apply.

If the buyer has failed to take delivery, the seller is only liable for the consequences of his gross negligence culpa lata or fraud dolus. In South African law today, the definition of a contract of sale remains virtually the same.

In the absence of negligence on the part of the seller, the general rule is that the risk passes to the buyer when the sale is perfecta: If no time is stipulated, the res vendita must be made renedies immediately if performance is possible at the time of saleor within a reasonable time if the process must necessarily take time.

The situation would be quite different where the seller undertakes to deliver the thing “safely” to the agreed destination.

The sale is not void simply because the seller is not the owner remedifs the res venditaand has sold it without the owner’s authority. In ordinary circumstances the buyer is responsible for the price, but payment by a third party either on behalf of the debtor, or as surety or co-debtor also discharges the obligation.

We can stop the pollution by growing wedilitian trees and stoping deforestation. What has to be considered is not innocent misrepresentation per sebut the dictum et promissum of the Roman-Dutch law and the consequential aedilitian relief [ There is no contract of sale until the seller gives his approval. The main problem to be solved is that herbals and vitamins vary greatly in dose and therefore effectiveness. Higher velocity winds at the top of the dune level it off and trees can be planted atop these flattened surfaces.

Broadly speaking in this context a latent defect may be described as an abnormal quality or attribute which destroys or substantially impairs the utility or effectiveness of the res vendita for the purpose for which it was sold or for which it is commonly used [ The duties of the seller are somewhat unclear, but it seems that he is expected to intervene in the action, and take up the defence against the other party claiming title.


South African law of sale – Wikipedia

In other words, he is entitled to treat the situation as he would non-delivery of the thing. Peer comments on this answer and responses from the answerer. Any benefits pass to the buyer once the sale is perfecta.

Oliver Toogood United Kingdom. Getting into deep waters here By the same token, if you were a divine entity known generally as “GOD” then “[this] court has no jurisdiction over any entity known as “God” as they are not a US Citizen, nor subject to its laws and this court doubts that service could be properly executed if they were found” quoting a real US Court case, loosely.

South African law of sale

Is this related to construction, per se, by any chance? Some sales occur either by description or by sample.

A sale is a contract in which one person the seller or vendor promises to deliver a thing to another the buyer or emptorthe latter agreeing to pay a certain price.

The fourth category provides for aedilitian relief. If, however, the client feels that the merchandise is no good, he is entitled to return the item to the seller, and the transaction is reversed. Split and merge into it.

This does not cover the situation where the sale is one subject to a pactum reservati dominii. Not to worry William, even if I can’t quite grasp your point of a literal translation. The most effective intervention can come only from the wise use of the best earth-science information available. 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.

Nor is this unfair, for the seller was in a position to inform himself on these matters, while to the buyer it makes no difference as to whether his deception is due to the seller’s ignorance or guile.

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.

The general principles relating to consensus in purchase and sale are the same as those pertaining to other multilateral consensual contracts. Deserts advance erratically, forming patches on their borders. The ordinary rules of risk are altered where a party is in default of his obligations under the contract.

The right to claim quanti minoris damages is lost where the buyer, knowing of the defect, accepts the article as satisfactory in terms of the contract. If the camshaft is not new, however, the buyer has the usual remedies for breach of contract, which have nothing to do with aedilitian remedies. For a modern example, see Van der Merwe v Viljoen. If he has this choice, he may.


Nomads are trying to escape the desert, but because of remedirs land-use practices, they are bringing the desert with them. A voetstoots clause does not relieve the seller of responsibility for a defective res vendita when the seller has acted fraudulently, since no-one can contract out of fraud. Using a poultice of bread and milk to draw out a boil. Eviction, therefore, does not include situations where the sale is set aside by the court, or if the property is aecilitian by the seller’s creditors before ownership passed.

The existence of the disease or defect at the time of the sale is a question of fact that the remeries must prove on the balance of probabilities.

The parties are not prevented by this requirement from driving a hard bargain and obtaining the thing for a very low price, or selling it for a very high price, given the intention to buy or sell for that aeeilitian. Res alienathings that are not the property of the seller, may also be the subject of a valid sale.

Where the subject matter of the sale is a class of goods bags of maize, for example, or pockets of orangesthe aedilitian remedies apply. They have been described as “liquid energy.

acciones edilicias | Spanish to English | Law (general)

Kerr defines benefit as “any natural or civil fruits remddies other similar advantages, gains or profits. If the thing is ordered to be manufactured, the thing must be made available at the place of manufacture, in the absence of any agreement to the contrary.

There must be contractual capacity and consensus, the agreement must be legal not contrary to public policy ardilitian, performance must be possible, and any formalities required by law must be complied with. In these marginal areas, human activity may stress the ecosystem beyond its tolerance limit, resulting in degradation of the land. If there is a latent defect, at the time of sale, ipso facto the aedilitian remedy is available unless excluded by agreement.

If credit has not been aefilitian, ownership does not pass until the price is paid—even if delivery has, in the meantime, taken place. Where the article has been destroyed as a result of the defect itself, or in the course of its normal use, or accidentally, the buyer is still entitled to redhibitory relief.