KTH220 2024 Study Guide DRAFT-2-2

Department of Mercantile Law
Law of Specific Contracts

KTH 220
Last Revision: July 2024 Dr AB Nyaude
© All information contained herein falls under the exclusive copyright of the
University of Pretoria and may not be sold or distributed without consent.
© Any material that forms part of this module and is presented through in-
person contact sessions or on ClickUP/online falls under the exclusive
copyright of the University of Pretoria and may not be sold or distributed
without consent.
KTH 220 STUDY GUIDE 2024 © UNIVERSITY OF PRETORIA
TABLE OF CONTENT
PART A: ADMINISTRATIVE MATTERS.................................................4
1. Introduction.......................................................................................................4
1.1 Welcome.................................................................................................... 4
1.2 BLENDED LEARNING IN 2023: ONLINE AND IN-PERSON CONTACT
SESSIONS AND SIT-DOWN, WRITTEN ASSESSMENTS.......................5
1.3 THE R.I.P APPROACH TO KTH 220.........................................................7
2. Lecturers and Tutors........................................................................................8
2.1 Other Persons............................................................................................9
3. Division of groups..........................................................................................10
4. Lecture times and venues..............................................................................10
5 Standard of module........................................................................................11
5.1 Credits and notional hours.......................................................................11
5.2 Level descriptors......................................................................................12
5.3 Bloom’s Taxonomy of Educational Objectives.........................................13
5.4 The UP Curriculum Transformation Framework Document and the UN
Sustainable Development Goals..............................................................14
5.5 Style of answering questions....................................................................14
5.6 Plagiarism and cheating...........................................................................15
5.7 Use of AI ChatGPT, Google BARD, or Microsoft BING............................16
6. Assessments...................................................................................................16
6.1 Online assessments and instructions.......................................................16
6.2 Contact details for assistance during Online Assessments......................18
6.3 Class test.................................................................................................19
6.4 Semester test...........................................................................................19
6.5 Sick Test.................................................................................................. 20
6.6 Test clashes.............................................................................................21
6.7 Additional writing time and students with disabilities................................22
6.8 Examination............................................................................................. 22
6.9 Calculation of semester marks and exam entrance.................................22
6.10 Quality control..........................................................................................23
7. Prescribed material (Mandatory)...................................................................23
8. Class attendance and participation..............................................................25
9. Conduct…........................................................................................................25
10. Complaints: Escalation Policy.......................................................................26
11. Support services.............................................................................................27
11.1 Safety in the evening and emergencies...................................................27
11.2 E-learning support....................................................................................27
11.3 Other support services.............................................................................28
PART B: STUDY UNITS........................................................................30
Study Unit 0: General Principles of Contract Law and Introduction to Specific
Contracts.........................................................................................................31
Study Unit 1: Purchase and Sale...........................................................................32
Theme 1: Introduction...................................................................................32
Theme 2: Essentialia.....................................................................................32
Theme 3: Formalities.................................................................................... 33
Theme 4: Seller’s Duty of Safekeeping of the Thing Sold.............................34
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Theme 5: Seller’s Duty of Delivery; Transfer of Ownership (if Seller is the

Owner) and Double Sales........................................................................35
Theme 6: Warranty against Eviction.............................................................36
Theme 7: Warranty against Latent Defects and Defective Consumer Goods
37
Theme 8: Miscellaneous Aspects.................................................................38
Study Unit 2: Letting and Hiring of Things (Lease)..............................................39
Theme 1: Introduction and Essentialia..........................................................39
Theme 2: Duties of Lessor............................................................................40
Theme 3: Duties of Lessee...........................................................................41
Theme 4: Miscellaneous Aspects.................................................................42
Study Unit 3: Agency..............................................................................................44
Theme 2: Authority........................................................................................45
Theme 3: Rights and Duties of Principal and Agent......................................45
Study Unit 4: Suretyship........................................................................................ 47
Theme 2: Suretyship.....................................................................................47
Study Unit 5: Letting and Hiring of Work..............................................................48
Theme 2: Conclusion and Contents of Contract...........................................48
Theme 3: Duties of the Parties......................................................................49
Theme 4: Termination of Contract................................................................49
PART C: WORKING SCHEDULE.........................................................50
General instructions............................................................................................... 50
Week 01 52
1.1 Assessment: None...................................................................................52
1.2 Learning activities.................................................................................... 52
Week 02 53
2.1 Assessment: ONLINE TEST 0.................................................................53
Week 03 54
3.1 Assessment: None...................................................................................54
Week 04 54
4.1 Assessment: None...................................................................................54
Week 05 55
Week 06 56
6.1 Assessment: CLASS TEST......................................................................56
Week 07 56
7.1 Assessment: None...................................................................................56
Week 08 57
8.1 Assessment: None...................................................................................57
University Recess................................................................................................... 57
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Week 09 58
9.1 Assessment:.............................................................................................58
Week 10 58
10.1 Assessment: SEMESTER TEST..............................................................58
Week 11 58
11.1 Assessment: None...................................................................................59
Week 12 59
12.1 Assessment: None...................................................................................59
Week 13 59
13.1 Assessment: None...................................................................................59
Week 14 60
Week 15 60
15.1 Assessment: None...................................................................................60
15.2 Learning activities: Preparation exam......................................................60
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PART A: ADMINISTRATIVE MATTERS
1. Introduction
1.1 Welcome
Welcome to Specific Contracts (KTH 220). As the name of this module indicates, the
purpose is to study a number of specific kinds of contracts known to South African
law, namely the contracts of purchase and sale; letting and hiring of things; agency;
suretyship; and letting and hiring of work. These contracts have their origin in South
African common law, but have been significantly developed and transformed over
the years by legislation and case law, with the purposes to firstly keep in touch with
the needs of the modern world and secondly to comply with the values and
transformative imperative of the Constitution of the Republic of South Africa, 1996.
In South Africa, the transformation of contract law is mostly sought through special
legislation that has been enacted with specific transformative and social justice aims.
These statutes, which will be discussed where relevant in each study unit, include
the Consumer Protection Act 68 of 2008 (CPA), the Rental Housing Act 50 of 1999
(RHA) and the National Credit Act 34 of 2005 (NCA). Where relevant, the direct
impact of the Constitution will also be reflected on. The module will also include
relevant case law that is crucial to the development of the legal position of the
particular areas of law and also indicate the transformative and social justice
imperatives followed by the courts.
Legislation and case law
are NB for this module
This study guide consists of three parts. Part A deals with administrative matters,
Part B provides details regarding the study units covered in this module, and Part C
sets out the working schedule. It is imperative that students go through the study
guide in detail before commencing with the module as well as continuously consult it
throughout the semester. It is similarly vital that students regularly check ClickUP for
any announcements etc.
The publicity principle is followed in this module, meaning that it will always be
assumed that students are fully aware of all information contained in the Study
Guide, on ClickUP and in other communication regarding the module. We will not
accept any excuses relating to allegations that students “did not know” about
something communicated via any of these formal channels.
Take note that the course leader retains the right to amend any information provided
in this document if necessary. If this happens, it will be announced clearly on
ClickUP.
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ClickUP can be accessed through the UP Portal or by following this link:

https://clickup.up.ac.za/webapps/login/
ClickUP NB!
1.2 BLENDED LEARNING IN 20243: ONLINE AND IN-PERSON

CONTACT SESSIONS AND SIT-DOWN, WRITTEN
ASSESSMENTS
HOW IS THIS GOING TO WORK?
1. IN-PERSON CONTACT SESSIONS

2. PRE RECORDED LECTURES ON CLICKUP
3. REVISION TUTORIALS
4. PRACTICE
5. BLENDED LEARNING – ONLINE AND SIT-DOWN
ASSESSMENTS
1. In-person contact sessions

Students will have two in-person contact sessions per week on Tuesdays and
Wednesdays. The lecturers will introduce each study unit and sub study
themes for that week using slides and explain difficult concepts to students.
2. Pre-recorded lectures on ClickUP
The lecturer has the discretion to have some lectures pre-recorded and
posted on ClickUP. The recordings will be detailed and take you through
slides of each study unit and sub study themes. Where the lecturer makes
use of pre-recorded lectures, there WILL NOT be a repeat of these
recordings/lectures during the in-person contact sessions. The lectures
are audio recordings that you must listen to while following the slides that are
posted for that recording. This means a large onus on students to take
responsibility for their own learning, and self-study will also be required. The
working schedule, set out in Part C below, provides students with details
regarding the activities to be completed in each of the 14 weeks, such as the
materials to be read, PowerPoint slides to be consulted, recordings to be
listened to, assessments to be completed and so forth. More details are
provided under the respective headings below.
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NB: In-person lectures and lecture recordings will not necessarily be

able to cover all of the work. In the contact sessions and recordings we
will do brief overviews and focus on more complex matters. It should
not be assumed that, just because certain aspects of the work are not
covered in a lecture or recording, these portions are not important or
will not be tested. In principle, students can be tested on any work
included in the prescribed materials unless otherwise indicated. It is
therefore imperative that students contact the lecturer regarding module
content that may be unclear well before any assessment.
3. Revision Tutorials
Revision of the weekly content is crucial! The contact sessions with the
lecturers will be used to introduce each study unit and sub study themes for
that week using slides and to explain difficult concepts to students.
The fourth contact session will be used for only two purposes: Revision and
Practice. Students must attend the contact sessions or listen to the
online recordings beforehand. Why? So that students can participate
during tutorials and engage with the tutorial questions. Additional
revision will be provided for on ClickUP if necessary.
4. Practice
Students must practice application type questions and this will be done during
the tutorials. It is crucial that students attend tutorials as this will be a
good opportunity to prepare for the sit-down assessments. There will be
problem questions each week that will be in the same format as the type of
problem questions that will be asked in the sit-down assessments. Practice
makes perfect!
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5. Blended learning
Student will thus engage with the module content during in-person contact
sessions as well as online. Regarding the assessments: students will be
assessed both through online tests/assessments as well as a sit-down
class test as well as a sit-down semester test to prepare them for the sit-
down examination at the end of the semester.
NB: The system records all information regarding student activities on

ClickUP, so we are able to track everything you do or do not do on ClickUP,
such as when you log in and log out, how much time you spend on ClickUP,
what activities you do, whether you logged in for the test or not etc.
1.3 THE R.I.P APPROACH TO KTH 220
 RESPONSIBILITY
 INTEGRITY
 PREPARATION
All of your concerns and stress will be laid to rest if you follow this approach!
Your Faculty Student Advisor can advise you on goal-setting, adjustment

to University life, time management, study methods, stress management
and career exploration. Book an individual consultation or attend a
workshop.
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2. Lecturers and Tutors
Advocate Zwivhuya Mashele (module coordinatorLecturer)

Email: [email protected]
Office: 3-13 Department of Mercantile Law
Work phone: 012 420 5416 (office)
 Online via zoom. Email Advocate Zwivhuya Mashele at
[email protected] to make an appointment.
 In-person during consultation hours:
o Mondays & Fridays 12:30 to 15:30, Room 3-13, 3 rd floor, Department of
Mercantile Law, Law Building.
o Please come prepared to any consultation. The lecturer will not be
repeating any lectures or work.
o Cannot consult without an appointment or outside consultation
hours!
Dr Ashley B Nyaude (module coordinator)

Work phone: 012 420 2344 (office)
Consultations:
 Online via zoom. Email Dr Nyaude at [email protected] to make an
appointment.
o Tuesdays & Wednesdays 10:30 – 13:00, Room 3-28, 3 rd floor,
Department Mercantile Law, Law Building.
o Cannot consult without an appointment or outside consultation
hours!
Sindile Matlou
Work phone: 012 420 5437
Consultations:
 Online via zoom. Email Sindile Matlou at [email protected] to
make an appoitntmentappointment.
o Monday, Thursday and Friday 09-00 to 11:00, Room 3-40, 3 rd floor,
Department Mercantile Law, Law Building.
o Cannot consult without an appointment or outside consultation hours!
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Prof Tumo Maloka (Lecturer)

Consultations:
 Online via zoom. Email Prof Tumo Maloka at [email protected] to make
an appointment.
 See ClickUP for in-person consultation hours.
Motlalekgomo Mofokeng (Tutor)

Email: motlalekgomo [email protected]
Consultations:
Mr Gomolemo Mathibe (Tutor)

Consultations:
 Online via zoom. Email Motlalekgomo Mofokeng Mr Gomolemo Mathibe at
[email protected] [email protected] to make an
appointment.
Beti Mekonen
Mr Heinrich Nienaber (Tutor)
Email: [email protected]@up.ac.za
Consultations:
 Online via zoom. Email Beti MekonenMr Heinrich Nienaber at
[email protected]@up.ac.za to make an appointment.
RULES FOR EMAIL COMMUNICATIONS:

 Kindly address the email appropriately (e.g. Good day prof/Dr/Adv/
Mr/Mrs/Mam)
 Clearly state your request, problem or query.
 Sign off the email appropriately with your name, surname and allocated group
division (Group 1 or Group 2).
2.1 Other Persons
2.1.1 Departmental administrators

Please do not email the department administrators regarding any module
content issues. Course coordinator and/lecturer must be contacted in this
regard.
 Ms M Williams
[email protected] / 012 420 2363
Department Mercantile Law, 3rd floor Law Building, Room 3-8.
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 Ms K Tabane
Department Mercantile Law, 3rd floor Law Building, Room 3-7.
2.1.2 Faculty Student Advisor

 Ms F Hassan
Law Faculty Building
2.1.3 Head of Department

 Prof P Munyai
[email protected]
2.1.4 Deputy Dean: Teaching and Learning

 Prof C Maimela
[email protected]
2.1.5 Subject librarian

 See the webpage of the Law Library: https://www.library.up.ac.za/law
2.1.6 Class representatives

 See ClickUP
3. Division of groups
Students are divided into 2 groups:
Group 1: A-M
Group 2: N-Z.
This is for capacity purposes as students are requested to adhere to this division
unless students have a legitimate clash. * The lecturer will not take responsibility
for venues that are over capacity and will also not continue with any lecture if
the lecturer is of the opinion that circumstances are unsafe or not conducive
to teaching/learning. Students are not allowed to sit on the stairs.
4. Lecture times and venues

Group 1:
Lecture 1 TUESDAYS 13:30 – 14:20 Thuto 1-1

Lecture 2 & WEDNESDAY(DOUBLE) 8:30 – 10:20 AE du Toit
Lecture 3 Auditorium
Lecture 4 THURSDAY 14:30 – 15:20 Thuto 1-2
/Tutorial
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Group 2:
Lecture 1 & TUESDAYS 8:30 – 10:20 IT 2-23

Lecture 2 (DOUBLE)
Lecture 3 WEDNESDAY 14:30 – 15:20 CENTENARY 6
Lecture FRIDAY 11:30 – 12:20 CENTENARY 6
4/Tutorial
NOTE! Depending on the progress

and needs of students some tutorials
may change to be used for additional
in-person lectures. Please keep a
lookout for ClickUP announcements
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5 Standard of module
5.1 Credits and notional hours
This module is worth 15 credits. Credits are determined from the perspective of
student workload and signifies the volume of learning that is likely to be necessary to
achieve the intended learning outcomes of the module. The principle is that 1 credit
equals 10 notional hours of learning. A notional (or estimated) hour is the time it
takes the average student to achieve the outcomes related to knowledge, skills,
attributes and values specified. An average student is a full-time equivalent student
who is expected to study a 40-hour week for 30 weeks, thus requiring a minimum
credit-load of 120 credits per academic year at undergraduate level. You will have to
spend a minimum of 150 hours over the semester engaging with the module.
Therefore, the following table, provides a rough indication of how you should be
spending your time.
Activity Notional hours

4 lectures a week for 14 weeks including 60 hours
revision and practice
Engaging prescribed material 28 hours
Making own notes and summaries 19 hours
Preparation for assessments & exam 30 hours
Assessments 10 hours
Examination 3 hours
Total 150 hours
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5.2 Level descriptors
KTH 220 is a second-year module and therefore is presented at level 6 of the

National Qualifications Framework (NQF). According to the South African
Qualifications Authority1 (SAQA), level descriptors describe the learning achievement
at a particular level of the NQF that provides a broad indication of the learning
achievements or outcomes that are appropriate for a qualification at that level.
The NQF LEVEL 6 descriptor states that the following is expected of students:
1. Scope of knowledge, in respect of which a learner is able to demonstrate:

detailed knowledge of the main areas of one or more fields, disciplines or
practices, including an understanding of and the ability to apply the key terms,
concepts, facts, principles, rules and theories of that field, discipline or practice
to unfamiliar but relevant contexts; and knowledge of an area or areas of
specialisation and how that knowledge relates to other fields, disciplines or
practices.
2. Knowledge literacy, in respect of which a learner is able to demonstrate an

understanding of different forms of knowledge, schools of thought and forms of
explanation within an area of study, operation or practice, and awareness of
knowledge production processes.
3. Method and procedure, in respect of which a learner is able to demonstrate the

ability to evaluate, select and apply appropriate methods, procedures or
techniques in investigation or application processes within a defined context.
4. Problem solving, in respect of which a learner is able to demonstrate the ability

to identify, analyse and solve problems in unfamiliar contexts, gathering
evidence and applying solutions based on evidence and procedures appropriate
to the field, discipline or practice.
5. Ethics and professional practice, in respect of which a learner is able to

demonstrate an understanding of the ethical implications of decisions and
actions within an organisational or professional context, based on an awareness
of the complexity of ethical dilemmas.
6. Accessing, processing and managing information, in respect of which a

learner is able to demonstrate the ability to evaluate different sources of
information, to select information appropriate to the task, and to apply well-
developed processes of analysis, synthesis and evaluation to that information.
7. Producing and communicating information, in respect of which a learner is

able to demonstrate the ability to present and communicate complex information
reliably and coherently using appropriate academic and professional or
occupational conventions, formats and technologies for a given context.
1
http://www.saqa.org.za/docs/misc/2012/level_descriptors.pdf.
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8. Context and systems, in respect of which a learner is able to demonstrate the

ability to make decisions and act appropriately in familiar and new contexts,
demonstrating an understanding of the relationships between systems, and of
how actions, ideas or developments in one system impact on other systems.
9. Management of learning, in respect of which a learner is able to demonstrate

the ability to evaluate performance against given criteria, and accurately identify
and address his or her task-specific learning needs in a given context, and to
provide support to the learning needs of others where appropriate.
10. Accountability, in respect of which a learner is able to demonstrate the ability to

work effectively in a team or group, and to take responsibility for his or her
decisions and actions and the decisions and actions of others within well-defined
contexts, including the responsibility for the use of resources where appropriate.
It is important that students pay close attention to these indicators, since the KTH
220 module seeks to incorporate as many as possible of these aspects. It will
therefore be expected of students to live up to these standards.
5.3 Bloom’s Taxonomy of Educational Objectives
Students are further referred to Bloom's Taxonomy of Educational Objectives

(Bloom,
BS and Krathwohl, DR, Taxonomy of Educational Objectives. Handbook 1. Cognitive
domain, Addison-Wesley: 1984). The verbs used to define the outcome statements
are classified in terms of a series of lower-order to higher-order thinking skills
(cognitive domains). The study guide is designed in such a way as to provide you
with an opportunity to actively engage with the study material. A number of specific
outcomes explain exactly how you should approach the work, what skills should be
mastered and what will be expected of you during assessment opportunities. The
learning outcomes vary from basic recognition and recalling skills to the higher
cognitive skills, thus requiring you to master a variety of skills.
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5.4 The UP Curriculum Transformation Framework Document

and the UN Sustainable Development Goals
 The 4 drivers of curriculum transformation were incorporated in the content

of this module in accordance with each driver’s relevance thereto. For the full
document, see:
https://www.up.ac.za/faculty-of-law/article/2291240/curriculum-transformation-
framework
 The 4 drivers of curriculum transformation are:

1. responsiveness to social context;
2. epistemological diversity;
3. renewal of pedagogy and classroom practices; and
4. an institutional culture of openness and critical reflection.
 See also the UN Sustainable Development Goals

https://www.un.org/sustainabledevelopment/sustainable-development-goals/
5.5 Style of answering questions
There will be a special emphasis in this model on being able to apply the law to
factual situations (application questions) and not only on knowing and understanding
the work. The prescribed case law is particularly important in this respect. The
questions in the tests and examinations will mostly be framed in the form of
application questions, while some shorter questions may be aimed at testing mere
knowledge and/or understanding. In some instances, it may also be required of
students to critically evaluate certain aspects of the work.
Following an approach of blended learning, the assessments will be in the

form of online and sit-down assessments. The online assessments will be in
the form of multiple choice type questions. However, even in these questions,
there will be a strong emphasis on application of the law and not just
knowledge and understanding. Application as well as theory questions will
also be assessed in the sit-down tests and examination and it is therefore
crucial to attend lectures and tutorials and practice answering these types of
questions. See the section on assessments further below.
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5.6 Plagiarism and cheating

Plagiarism is a serious form of academic misconduct. It involves both appropriating
someone else’s work and passing it off as one’s own work afterwards. Thus, you
commit plagiarism when you present someone else's written or creative work (words,
images, ideas, opinions, discoveries, artwork, music, recordings, computer-
generated work, etc.) as your own. Only hand in your own original work. Indicate
precisely and accurately when you have used information provided by someone
else. Referencing must be done in accordance with a recognised system. Indicate
whether you have downloaded information from the Internet. For more details, visit
the library’s website:
It is absolutely vital that students study the UP Plagiarism Prevention Policy
carefully and take note of everything set out therein. Plagiarism is a very serious
matter that could have grave consequences. Therefore, it is important to ensure that
you know and understand exactly what is meant by plagiarism as well as the
different forms of plagiarism – and how to avoid it. If you are uncertain about
anything, contact the lecturer(s) and/or make use of the University’s free plagiarism
training. For the latter you can contact the main library (Merensky).
For information regarding plagiarism, see the UP Library webpage:

https://www.library.up.ac.za/plagiarism
The UP Plagiarism Prevention Policy is available on ClickUP as well as online at:

https://www.up.ac.za/media/shared/1/ZP_Files/s5106-19-plagiarism-prevention-
policy.zp181077.pdf
REMEMBER THE R.I.P APPROACH TO THIS MODULE!
 Take RESPONSIBILITY for what is expected of you and also your own
actions.
 Do your work and assessments with INTEGRITY.
 PREPARE for contact sessions and assessments.
 CHEATING is a contravention of UP Rules and Regulations and will be dealt
with accordingly!
 Do your own work.
 Be honest.
“Real integrity is doing the right thing, knowing that nobody’s going to know whether
you did it or not” – Oprah Winfrey
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5.7 Use of AI ChatGPT, Google BARD, or Microsoft BING
The use of generative AI, such as ChatGPT, is strictly prohibited in KTH 220 tasks
and assessments. Therefore, students must rely solely on their personal knowledge,
prescribed materials, and resources provided by the lecturers.
6. Assessments
The work will be assessed in three ways during the semester:

1. Two online tests;
2. One sit-down written class test; and
3. One sit-down written semester test.
The final assessment will be a sit-down written examination (and a

supplementary/special exam where relevant.)
6.1 Online assessments and instructions
The semester mark will comprise of 2 online tests. Information also included in the
Working Schedule below.
 Remember: There is a practice online test in week 2 of lectures that will not
count any marks but is important to complete to make sure all is in order from
the students’ side and that they understand how it will work prior to any formal
online assessment.
ONLINE The test will be available for three days. Scope: Study Unit 1:
TEST 1  Open: Tuesday 20 August at 06:00 Themes 1,2 and 3
 Close: Thursday 22 August at 23:00
 You will have 2 HOURS to complete the
test once you start.
Marks: 20
Note: Some questions may count more than
1 mark.
ONLINE The test will be available for three days. Scope: Study Units 3,4 & 5
TEST 2  Open: Tuesday 29 October at 06:00
 Close: Thursday 31 October at 23:00
 You will have 2 HOURS to complete the
test once you start.
Marks: 20
Note: Some questions may count more than
1 mark.
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 The online tests will include only multiple choice type questions, where you
will be instructed to choose the appropriate option(s). This might include
questions whereby e.g. the options in Column A must be connected to the
options in Column B as well as true/false questions. It may also include
questions with more than 5 possible options to choose from where for example 2
of the 5 are correct. It is therefore imperative to READ each question very
carefully.
 Although the tests technically will be “open book”, you should study thoroughly
as if it will be “closed book”, since you will not have enough time to search for
answers.
 Although the questions will be “multiple choice”, do not underestimate this
type of question by assuming that they necessarily will be “easy”. The
difficulty level of the questions will vary, but take note that the questions were
designed to test your knowledge, understanding and application skills on NQF
level 6.
 Questions will be sourced from different question pools. Therefore, students will
not receive the exact same questions and the questions will not be posed in
the exact same order for each student. Furthermore, the available options will
be randomised and thus will not appear in the same order for each students. All
students will however receive the same amount of questions from all difficulty
level and all assessment will be equal in this regard.
 Therefore, students should not attempt working together when completing the
online assessments. This is in direct conflict with UP policy and all students
involved in such activity will be open to disciplinary action.
 If a question requires you to pick one option, you may not click more than one
option. If it requires you to pick two options, you may not click more than two
options, and so forth. Picking more than the number of options required, will
cause you to lose the marks for that question.
 You must answer each question in the order they appear. You cannot skip
a question and go back to it later. If you skip a question, you will get zero for it.
After you have answered and submitted the answer, you cannot go back to
change the answer.
 Before answering each question, make sure that you understand what is
expected of you. For instance, are you asked to choose the correct or incorrect
option?
 Although answers are usually saved automatically, click “save answer” before
continuing to the next question – just to be sure.
 You will have only one opportunity to complete the test – no “do overs”.
 Each online assessment will be available for a specific time period (3 days,
from Tuesday to Thursday in the relevant weeks) during which time you can
choose when you would like to complete the test. Note however that for obvious
reasons technical support and lecture assistance will not be available during
assessment days during the hours of 17:00 pm – 8:00 am. Please attempt to
complete assessments within working hours.
 However, despite the test being available for 3 days, you will only have a
specified limited time in which to complete the assessment once you start.
 If you experience a connectivity issue during the test, go out and log in again.
You should be able to continue where you left off. However, the time will
continue to run during the period that you were offline, so you cannot leave
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the test to do further studying and then come back expecting that the time would
have paused.
 NB: the responsibility is on students to ensure that they have a reliable
connection during the test. Before a test is scheduled make sure of
connectivity etc. Before you begin with a test, ensure that everything is in
place and working properly.
 If you encounter serious problems with completing a test in time, e.g. due to
connectivity issues that cannot be solved in a reasonable time, contact Dr
Nyaude immediately. You must provide acceptable proof of the bona fide
situation in which you find yourself.
 See the information below regarding technical assistance during online
assessments.
 No late submissions will be accepted under any circumstances, so avoid
the situation where you start the test too close to the deadline. Leave
enough time for unforeseen circumstances.
 If you fail to submit in time, you will receive zero for that test.
 Due to the nature of the questions and answers, no memoranda will be made
available to students and thus no perusals will take place. However, lecturers
will always be available to assist if you struggled with the particular content that
was assessed.
 The results of each online test will be made available on ClickUP. Results will
become available only after the submission deadline.
 See ClickUP for any further instructions for each specific online test.
By submitting an assessment, it will be assumed that you agree to the

following integrity statement:
“The University of Pretoria commits itself to produce academic work of integrity. I

affirm that I am aware of and have read the Rules and Policies of the University,
more specifically the Disciplinary Procedure and the Tests and Examinations Rules,
which prohibit any unethical, dishonest or improper conduct during tests,
assignments, examinations and/or any other forms of assessment. I am aware that
no student or any other person may assist or attempt to assist another student, or
obtain help, or attempt to obtain help from another student or any other person
during tests, assessments, assignments, examinations and/or any other forms of
assessment.”
 Your work is your own. No “group work” is allowed. All students

involved in such practices will expose themselves to investigation and
prosecution
See also the section on Plagiarism above.
6.2 Contact details for assistance during Online Assessments
IT Call: 012 420 3051 or email:

[email protected]
Education Innovation  [email protected]
19
(+27 12 420-3870)
 [email protected]
(+27 12 420-5260)
General IT Services Call 012 420 3837 or email:

[email protected]
While writing the test, please mail Adv Z MasheleDr Nyaude and CC
[email protected] with any problems you may encounter.
Contact the IT Helpdesk for assistance on IT related issues only
 Contact the IT Helpdesk on +27 12 420 3051

 An automated telephone system will assist to connect you with an agent as
soon as possible.
 After hours emergency IT support procedure: Phone +27 12 420 2310 - Ask
for IT assistance.
Service Management Automation Portal: https://upsmax.up.ac.za
For student IT related queries, please contact [email protected]
012 420 3837/ 3051
6.3 Class test
 Sit-down, In-person, written.

 Group 2: Tues 27 Aug 8:30 – 10:20 in IT 2-23 (Change venue to
Rautenbach Hall)
 Group 1: Tues 27 Aug 13:30 – 14:20 in Thuto 1-1 (Change venue to
Rautenbach Hall)AE du Toit Auditorium
 Scope: [Unit 1 Th 4, 5 & 6]
 20 marks
 Theory and application questions.
 Don’t be late for class
 Keep to your allocated group.
 Remember your student card and two pens!
 Remember to complete the attendance slip and submit before leaving.
 Don’t throw away the questions paper! You will need it for revision.
 Inability to complete test due to illness: application for sick test in accordance
with sick test policy below. Must apply for entrance to scheduled sick test (see
below).
6.4 Semester test
 Sit-down, In-person, written on campus.

 Wednesday 2 October 17:30 – 19:00
20
o Louw hall
o Muller hall
o Roos hall
o Te Water hall
o vd Bijl hall
 Scope: [Unit 1 Theme 7 & 8] and [Unit 2]

 40 Marks
 Don’t throw away the questions paper! You will need it for revision.
 Inability to complete test due to illness: application for sick test in accordance
below).
6.5 Sick Test
 Date TBC by Law Admin and posted on ClickUP.

 Please also check UP Portal.
 Sit-down, In-person, written.
 Scope: ALL the work up to the date of the sick test.
 40 marks
Due to the fact that the online tests will be open for long enough periods (3
consecutive days per scheduled test) to ensure that they will not be missed
due to sickness and can be accessed and completed from anywhere, there will
not be any scheduled online sick tests.
 If it is truly impossible complete a test due to illness application for entrance to

the sick test must be made to Dr Nyaude.
 Formal written application will need to be made in the form of an affidavit with
supporting and valid documentation and proof.
o Duly signed and submitted via email to Dr Nyaude (see email address
above).
o Must include:
 Full names & Surname
 Student number
 Module name and code
 Applicable tests that were missed.
 Valid documentation (depending on the circumstances) could
include: medical certificate/ affidavit / death certificate etc.
 A vague sick/medical certificate or documentation will not be sufficient.
 Only valid sick/medical certificates issued by a medical doctor with a
registered practice number (not a nurse or someone similar), indicating that
21
you are booked off for the entire period for which the test was open and that it
was medically impossible for you to complete the test will be considered.
 There is no automatic approval and each application will be individually
considered as per the UP policies. The certificate must also indicate that the
doctor examined you (not that he or she was informed of your symptoms over
the phone!). Certificates that do not comply, will be rejected without
explanation. If we suspect any fraud, we will refer the matter the University’s
Legal Services for a disciplinary investigation.
BEWARE YOUR ONLINE ACTIVITY!

The online activity of a student on ClickUP in all registered modules for
the period relevant to scheduled tests will be taken into account in the
consideration of an application for a sick test.
See also the Faculty of Law’s Faculty Rules, available online at:
https://www.up.ac.za/yearbooks/2023/LAW-faculty/rules/Faculty%20Regulations
(accessed 23/07/2023)
6.6 Test clashes
 Online tests:
o Due to the fact that the online tests will be open for long enough periods (3
consecutive days per scheduled test) to ensure that they will not be
missed due to sickness and can be accessed and completed from
anywhere, there will not be any scheduled online sick tests and thus also
no clashes.
 Class tests: N/A
 Semester test:
o “In the case of a student being required to write two semester tests that
are scheduled to take place on the same day and time, the student must
write the scheduled semester test in the module that he/she is repeating,
and the extraordinary test in the module that he/she is not repeating.” -
Faculty regulations and information
https://www.up.ac.za/yearbooks/2023/LAW-faculty/rules/Faculty
%20Regulations (accessed 23/07/2023).
22
6.7 Additional writing time and students with disabilities
Students who require additional writing time or who have other disability-related
needs during tests and exams, should arrange with the University’s Disability Unit
well in advance and also inform the module coordinator. Where relevant, such
students will be allocated additional time to complete the online tests and exam.
Contact details:
Telephone: 012 420 2064
Email: [email protected] (https://www.up.ac.za/disability-unit)
NB: The onus is on students with special needs to inform the module
coordinator that he or she qualifies for extra writing time. In this regard, kindly
forward the necessary documentation to Adv Mashele Dr Nyaude at the start of
the semester.
6.8 Examination
 Sit-down, in-person, written examination on campus.

 Scope: Study Units 2-5
 Total: 50 Marks
 Theory and application questions.
 Draft date & time:
o Wednesday 13 November 11:15 – 14:15
 NOTE! Date and time subject to change! Student’s responsibility to make
sure on ClickUP. Lecturer not responsible. The same arrangements will apply
to the supplementary and special examination.
 Arrangements regarding perusals (if relevant) will be announced on ClickUP.
 No exam results will be made available to students in any form other than
through the UP Portal.
6.9 Calculation of semester marks and exam entrance
Semester mark: 20% online test 1

20% online test 2
20% class test
40% semester test
100%
Final mark: 50% semester mark

50% exam mark
100%
 You need a semester mark of at least 40% to gain exam entrance.

 You need a final mark of at least 50% in order to pass the module.
 If your final mark is between 40% and 50%, you must write the supplementary
exam.
23
 If your exam mark is less than 40%, you must write the supplementary exam,
even if your final mark is more than 50%. Thus, 40% is the subminimum for the
exam.
 If your exam mark is more than 50% but your final mark is between 40% and
50%, you must also write the supplementary exam.
 The mark obtained for the supplementary exam will then be regarded as your
final mark, unless you write a special exam, in which case the calculation for the
final mark will be done as indicated above (50/50).
 The final mark for a supplementary examination is a maximum of 50%.
 If the exam is missed for any reason (including sickness and exam clashes),
the Student Administration of the Law Faculty must be consulted for permission
to write the special exam – NOT the Department of Mercantile Law or the KTH
220 lecturer.
 If you want your exam to be re-marked, please consult the Student
Administration of the Law Faculty. This option has financial implications.
6.10 Quality control
All assessments will be checked by an internal moderator to ensure that the

assessments are accurate and on the appropriate standard.
7. Prescribed material (Mandatory)

 Study Guide
 Nagel et al Commercial Law (6th edition 2019) LexisNexis – hard copy or
e-book
o ISBN softcover - 978 0 639 00890 5
o ISBN e-book - 978 0 639 00891 2
 Lötz, Nagel and Joubert Specific Contracts in Court (4th edition 2018)
LexisNexis – hard copy or e-book
o ISBN softcover - 978 0 409 12911 3
o ISBN e-book - 978 0 409 12912 0
24
 PowerPoint slides and all other resources placed on ClickUP

 Voice recordings on ClickUP
 All information communicated during lectures and/or placed on ClickUP.
Please take note that there is no hierarchy of prescribed material. All sources
(including the content of lectures) carry the same weight and must therefore be
studied in full as indicated in the Study Guide.
NB: In-person lectures and lecture recordings will not necessarily be able to
cover all of the work. In the contact sessions and recordings we will do
brief overviews and focus on more complex matters. However, it should
not be assumed that, just because certain aspects of the work are not
covered in a lecture/recording, these portions are not important or will not
be tested. In principle, students can be tested on any work included in the
prescribed materials, whether or not covered in a lecture/recording.
NB: The recordings, and all other resources produced by the lecturers, are
COPYRIGHT PROTECTED and the property of the University of Pretoria.
Therefore, these resources MAY NOT BE SOLD OR OTHERWISE
DISTRIBUTED under any circumstances. We will not hesitate to refer any
such situations to the University’s Legal Services Division for disciplinary
investigation.
NB: Students who sell or purchase any material that falls under the intellectual
property of the University of Pretoria or its academic staff without
permission will be guilty of an offence and contravening UP Policy and
this open to disciplinary investigation and prosecution.
25
8. Class attendance and participation

 Students need to take responsibility for their own class attendance and also any
work, revision, clarification, practice or any other information that was missed in
this regard. It will not be repeated. Students who do not attend in-person contact
sessions or do not engage with the lecturers (well in advance of tests) run the risk
of being ill-prepared for assessments and not successfully completing the
module.
 The highest level of respect, professionalism and integrity are expected of
students during in-person contact sessions.
 No recordings of in-person contact sessions or consultations without the

express consent of the lecturer.
 Don’t be late for class.
 Don’t leave in the middle of a lecture.
 Lecture time is not a social time to chat or catch up on your social life via
social media or otherwise.
 Have respect for yourself, those who took the time and effort to attend
class as well as the lecturer!
9. Conduct
Students should please consult the University’s official Code of Conduct. It will be
expected of students to always display proper decorum and to exhibit due respect
towards the lecturers, the administrative staff and each other. Disrespect, unethical
behaviour and any other violations will not be tolerated, but will be met with the
appropriate disciplinary steps.
The Disciplinary Code for Students is available on ClickUP as well as online at:
https://www.up.ac.za/media/shared/565/2022/2022-general-academic-regulations-
and-student-rules_for-web.zp214262.pdf
The Anti-discrimination Policy is available on ClickUP as well as online at:

https://www.up.ac.za/media/shared/1/ZP_Files/r34_19-anti-discrimination-policy-
with-annexures-approved-by-council-amended.zp180351.pdf
See also the University’s General Rules and Regulations, available online at:
https://www.up.ac.za/yearbooks/2023/rules
And the Faculty of Law’s Faculty Rules, available online at:

https://www.up.ac.za/yearbooks/2023/LAW-faculty/rules/Faculty%20Regulations
26
10. Complaints: Escalation Policy
General Student Rules 2023 page 93
27
11. Support services

Please download a QR code reader on your cellular phone. To download a QR code
reader open your mobile app store (App Store, Google Play or Windows
Marketplace) and search for QR code readers.
11.1 Safety in the evening and emergencies
For any safety or emergency related matters, e.g. if you need a security officer to
accompany you from your residence to campus, phone the Operational Management
Centre (details at the back of your student card).
The 24-hour, multi-disciplinary UP Crisis Line offers professional and confidential

support to victims of crime in times of trauma. For assistance and immediate action,
phone the UP Crisis Line on 0800 00 64 28.
Hatfield residence students: From 18:00 till 06:00 security officers are available to
escort you (on foot) to and from your residence or campus anywhere east of the
Hatfield Campus through to the Hillcrest Campus.
11.2 E-learning support
Report a problem you experience to the Student Help Desk on your campus.
Visit the open labs in the Informatorium Building or IT labs on your campus to report
problems at the offices of the Student Help Desk.
Approach the assistants at the help desks - campus specific (for example: adjacent
to the Student Computer Laboratories in IT Building, NW2, CBT or Aldoel Building IT
labs, etc).
Call 012 420 3837

Email [email protected]
28
11.3 Other support services
Think carefully before

dropping modules (after the
closing date for
amendments or cancellation
FLY@UP:
of modules). www.up.ac.za/fly@up
The Finish
Make responsible choices
Line is
with your time and work email: [email protected]
Yours
consistently.
Aim for a good semester
mark. Don’t rely on the
examination to pass.
Academic support for
students with learning
disabilities:
Assistive technological
services https://www.up.ac.za/
Facilitation of test and disability-unit
examination
Disability
accommodations 012 420 2064
Unit
Test and exam concession email: [email protected]
applications
Accessible study venues
and a computer lab
Referrals for recommended
textbooks in electronic
format
Student Provides counselling and

Counselling therapeutic support to 012 420 2333
Unit students
Student Promotes and assists

012 420 5233
Health students with health and
012 420 3423
Services wellness
Provides support for UP

The Careers students and graduates as [email protected]
Office they prepare for their 012 420 2315
careers
24-hour Operational
012 420 2310
Management Centre
Department 012 420 2760
of Security
24-hour Operational
Services 083 654 0476
Manager
0800 006 428
Crisis Line
29
Enquiries concerning
Department 012 420 2371/4001
studies, accommodation,
of Student Roosmaryn Building,
food, funds, social activities
Affairs Hatfield campus
and personal problems
Centre for
Identifies and provides
Sexualities,
training of student peer 012 420 4391
AIDS and
counsellors
Gender
http://www.up.ac.za/enquiry
Fees and
www.up.ac.za/fees-and- 012 420 3111
funding
funding
012 420 3051

For student IT related
IT Helpdesk [email protected]
queries
30
PART B: STUDY UNITS

This section lists the prescribed study materials (textbook and case law) as well as
the study outcomes of each Study Unit and Theme.
Study Unit 0: General principles of contract law and introduction to specific

contracts
Study Unit 1: Purchase and sale
Study Unit 2: Letting and hiring of things
Study Unit 3: Agency
Study Unit 4: Suretyship
Study Unit 5: Letting and hiring of work
The number before each case name (e.g. “[1]”) refers to the place where the case is
discussed in Specific Contracts in Court – one of the prescribed books. For these
cases, it is only required of students to study the discussions provided in this book,
unless otherwise indicated. If no such number precedes the case name, then the
case is not included in the book and thus it is required that students read the full
judgment itself unless otherwise indicated.
Sources and outcomes listed under “Additional study material and outcomes” are
not prescribed, do not have to be studied and thus will not be assessed. However,
these sources are included as voluntary reading materials and additional outcomes
for students who are interested in further study or as a starting point for ESS 400
dissertation research.
See the Working Schedule in Part C below, for how the various units and themes
are spread out across the semester.
Regularly consult ClickUP for further information and/or changes.
31
Study Unit 0: General Principles of Contract Law and

Introduction to Specific Contracts
Covered in Week 01
Prescribed study material

 Study Guide
 Introductory recording available on ClickUP
 Your own textbook, notes etc. used in KTR 211.
 Extra PowerPoint Slides provided on ClickUP.
 Advised: Commercial Law chapters 3-9.
Study objectives
 The purpose of this study unit is:
i. to ensure that you have a firm grasp of all administrative matters
regarding the module; and
ii. to recap the general principles of contract law, as covered in KTR 211.
 It will be assumed in KTH 220 that students have sound enough knowledge of
the general principles of contract law. Therefore, the onus is on students to
ensure that they recap the work covered in KTR 211, including their textbook,
class notes, etc.
 Furthermore, although not prescribed, students are strongly advised to read
through chapters 3 to 9 of Commercial Law as an additional resource to help
ensure that they have a solid foundation regarding the general principals of
contract law, including:
o introduction to contract law (chapter 3);
o consensus (chapter 4);
o contractual capacity (chapter 5);
o legality, possibility of performance and certainty (chapter 6);
o formalities (chapter 7);
o parties to the contract, conditions and related concepts, particular terms
and interpretation of contracts (chapter 8); and
o breach of contract and termination of contractual relationship (chapter 9).
 NB: The Practice Online Test (in Week 02) will include some very elementary
questions on the general principles of contract law along with some questions
regarding administrative matters. This will not count any marks but it is
strongly advised that students complete this to make sure all is in order.
NB! Do not apply for credits for this module based on

Study Unit 0. The General Principles of Contract Law
serve as background and introduction to the actual
content of KTH 220.
32
Study Unit 1: Purchase and Sale

Nagel et al Commercial Law chapters 13-15 (part 4)
Theme 1: Introduction
Start in Week 02

 Commercial Law paras 13.01-13.08
 [1] McWilliams v First Consolidated Holdings (Pty) Ltd 1982 2 SA 1 (A)
Study objectives
After completing this study unit, you should be able to know, understand and apply:
 the definition of a contract of sale;
 the general requirements for a valid contract of sale;
 the essentialia of sale and prescribed case law;
 the distinction between a contract of sale, contract of letting and hiring,
contract of exchange, pledge and letting and hiring of work;
 the principle that the seller does not have to be the owner of the thing sold.
Theme 2: Essentialia
Covered in Weeks 02

 [4] Vasco Dry Cleaners v Twycross 1971 1 SA 603 (A)
 [6] CWA Snyders NO v Louistef (Pty) Ltd 2017 JDR 1264 (CC)
 [7] Botha v Carapax Shadeports (Pty) Ltd 1992 1 SA 202 (A)
 [9] Phone-a-Copy Worldwide (Pty) Ltd v Orkin 1986 1 SA 722 (A)
 [10] Exdev (Pty) Ltd v Pekudei Investments (Pty) Ltd 2011 2 SA 282 (SCA)
 [12] Patel v Adam 1977 2 SA 653 (A)
Study objectives
 the essentialia of a contract of sale;
 the nature of a sale, the court giving effect to the true intention of the parties
and prescribed case law;
 principles relating to consensus on the thing sold (merx);
 minimum requirements for a valid merx including: determined/determinable;
sold commercially; merchantable merx;
 the different types of things sold and the legal position (prescribed case law
and where relevant provisions of the Consumer Protection Act 68 of 2008 or
CPA) that applies to each, including:
o Site license for petrol station
o Business (goodwill & restraint of trade)
o Sectional property
33
o Timeshare property
o Future objects
o Res aliena
o Res litigiosa;
 the relevant legal rules with regard to the purchase price including prescribed
case law;
 the influence of the Consumer Protection Act 68 of 2008 (CPA) on the thing
sold and the purchase price.
Additional study material and outcomes

 [8] GrainCo (Pty) Ltd v Van der Merwe 2016 4 SA 303 (SCA)
o Discuss the relevance of the case with regards to the Trego principle and
the seller of goodwill as part of the merx.
 [13] Aris Enterprises (Finance) (Pty) Ltd v Waterberg Koelkamer (Pty) Ltd 1977
2 SA 425 (A)
Theme 3: Formalities
Start in Week 03

 [14] Clements v Simpson 1971 3 SA 1 (A)
 [15] Scheepers v Strydom 1994 3 SA 101 (A)
 [18] Chretien v Bell 2011 1 SA 54 (SCA)
 [19] Herselman v Orpen 1989 4 SA 1000 (EC)
 [22] Thorpe v Trittenwein 2006 3 SA 427 (SCA)
 [24] Section Three Dolphin Coast Medical Centre CC v Cowar Investments
(Pty) Ltd 2006 2 SA 15 (D)
 [25] Johnston v Leal 1980 3 SA 927 (A)
 [26] Smit v Walles 1985 2 SA 189 (T)
 Legator Mckenna Inc and Another v Shea And Others 2010 1 SA 35 (SCA)
 Borcherds and another v Duxbury and Others 2021 (1) SA 410 (ECP) (Not for
assessment purposes)
Study objectives
After completing this study unit, you should be able to know, understand and apply
the following, which includes prescribed case law:
 the formalities applicable to contracts of purchase and sale of land in terms of
section 2(1) of the Alienation of Land Act 68 of 1981 (“ALA”);
 exceptions to the requirement that the agent must have written authority;
 the concepts of “alienate”, “land” and “deed of alienation”;
 the statutory formalities that apply to the alienation of sectional title units,
timeshare interests and shares in a share block scheme;
 the aim of statutory requirements;
 the requirement that a contract of sale of land must be in writing, with specific
reference to the clear description of the thing sold, the purchase price as well
as the parties to the contract, the effect of blank spaces in the contract and
whether or not rectification is possible;
34
 the principles regarding who may legally sign the contract;

 critical discussion of the courts approach to the effectiveness of a written
authority with reference to Thorpe v Trittenwein 2006 3 SA 427 (SCA) and the
comments by Nagel et al in Specific Contracts in Court (page 34) taking into
account the original purpose and aim of the ALA (6-10 marks);
 the difference between the contracting powers of functionaries or organs of a
company to sign a deed of sale and appointed “agents” who sign obo of the
company and the requirements i.t.o. s 2(1) of the ALA;
 the influence of the CPA on formalities;
 the effects of non-compliance with the statutory formalities where one or both
parties performed in part
 the effects of non-compliance where both parties performed in full and the
relevance of South Africa’s abstract system of transfer;
 the right to revoke a deed of alienation in terms of the ALA (the cooling-off
right):
 the interplay between sections 29A and 2(2A) of the ALA and section 16 of
the CPA regarding cooling-off rights and the application for a deed of sale.

 [17] Scholtz v Scholtz 2012 5 SA 230 (SCA)
 [20] Hirschowitz v Moolman 1985 3 SA 729 (A)
 [21] Krause v Van Wyk 1986 1 SA 158 (A)
 [16] Janse van Rensburg v Koekemoer 2011 1 SA 118 (GSJ)
 [20] Chisnall and Chisnall v Sturgeon and Sturgeon 1993 2 SA 642 (W)
 [21] Ten Brink NO v Motala 2001 1 SA 1011 (D)
 [23] Brits v Eaton 1984 4 SA 728 (T)
 Starways Trading 21 CC (in liquidation) and others v Pearl Island Trading 714
(Pty) Ltd and Another 2019 (2) SA 650 (SCA)
 Hoosein SK “The effect of the CPA on property transactions” 2011 (February)
PLD 3
 Levenstein E & Barnett L “Rest in Peace – the parol evidence rule” 2010
(December) WP 30
 Amardien and Others v Registrar of Deeds and Others (CCT212/17) [2018]
ZACC 47
o Payments under an Instalment Sale Agreement of immovable property
 Sarrahwitz v Maritz NO and Another 2015 (4) SA 491 (CC)
o Inclusion of the term “vulnerable purchaser” in the case of Insolvency
into the Alienation of Land Act 68 of 1981.
Theme 4: Seller’s Duty of Safekeeping of the Thing Sold
Covered in Week 04

Study objectives
35
 the seller’s duty of safe-keeping as well as the effect of mora creditoris and
mora debitoris on the seller’s duty of safe-keeping;
 the passing-of-risk doctrine and its effect on the seller’s duty of safe-keeping;
 when a contract of sale is perfecta and the effect the passing-of-risk doctrine;
 the importance and application of a suspensive condition to the passing-of-
risk doctrine;
 the effect of mora creditoris on the part of the seller on the fact that the
contract of sale has already become perfecta;
 the influence of the CPA on the duty of safe-keeping and the passing of risk.
 be able to apply the duty of safe-keeping and the passing-of-risk doctrine to a
set of facts.

 [30] Frenkel v Ohlsson’s Cape Breweries Ltd 1909 TS 957
 [31] Gengan v Pathur 1977 1 SA 826 (D)
Theme 5: Seller’s Duty of Delivery; Transfer of Ownership (if Seller

is the Owner) and Double Sales
Covered in Week 04

 [32] Lendalease Finance (Pty) Ltd v Corporation De-Mercadeo Agricola 1976
4 SA 464 (A)
 [33] Grosvenor Motors (Potchefstroom) Ltd v Douglas 1956 3 SA 420 (A)
 [43] Meridian Bay Restaurant (Pty) Ltd v Mitchell 2011 4 SA 1 (SCA)
Study objectives
 the principles that the mere conclusion of a contract of sale does not transfer
ownership to the buyer, that the seller does not have to be the owner of the
thing sold, and that the seller is not obliged to pass ownership in every
instance;
 the requirements for the passing of ownership of both movable an immovable
property;
 the relevance of the nemo plus iuris-rule;
 the difference between a cash sale and a credit sale of movable property, and
the requirements for the passing of ownership in each case;
 the principles regarding when the purchase price is to be paid in the case of a
cash sale, a credit sale and when dealing with a tacit granting of credit
including prescribed case law;
 the different forms of delivery;
 the legal positions of the different parties in case of a double sale and when
the principle of prior in tempore potior in iure will apply and the exception to
the rule including prescribed case law.
36
 [11] Kootbodien v Mitchell’s Plain Electrical Plumbing and Building CC 2011

4 SA 624 (WCC)
 [35] Eskom v Rollomatic Engineering (Edms) Bpk 1992 2 SA 725 (A)
 [36] Bank Windhoek Bpk v Rajie 1994 1 SA 115 (A)
 [34] Eriksen Motors (Welkom) Ltd v Protea Motors Warrenton 1973 3 SA 685
(A) (including comment p 60-61 Specific Contracts in Court (2018))
 Schutte PJW “The characteristics of an abstract system for the transfer of
property in South African law as distinguished from a causal system” (2012)
15 PELJ 120-151
 Njotini MN “Examining the ‘objects of property rights’ – lessons from Roman,
Germanic and Dutch legal history” (2017) 50 De Jure 136-155
 Van der Walt AJ “Property law in the constitutional democracy” (2017) 28 Stell
LR 8-25
 Double sales
 [41] Barnard v Thelander 1977 3 SA 932 (C)
 [42] Kazazis v Georghiades 1979 3 SA 886 (T)
 Critically discuss the development and application of the doctrine of notice.
Include in your discussion the decision of Meridian Bay Restaurant (Pty) Ltd v
Mitchell 2011 4 SA 1 (SCA) as well as Lubbe G “A doctrine in search of a
theory: reflections on the so-called doctrine of notice in South African law”
1997 Acta Juridica 246-272 and Van der Walt AJ “Personal rights and limited
real rights: an historical overview and analysis of contemporary problems
related to the registrability of real rights” (1992) 55 THRHR 170-203.
Theme 6: Warranty against Eviction
Start in Week 05

 [38] Lammers and Lammers v Giovannoni 1955 3 SA 385 (A)
 [39] Alpha Trust (Edms) Bpk v Van der Watt 1975 3 SA 734 (A)
 [40] Plit v Imperial Bank Ltd 2007 1 SA 315 (SCA)
Study objectives
 the definition of eviction in relation to the warranty against eviction; the
general principles applicable to the warranty and prescribed case law;
 the warranty against eviction and the different forms in which it can manifest;
 the buyer’s duties when eviction is imminent;
 the legal position where the buyer did not follow the “rules” or duties when
eviction is imminent and the subsequent onus of proof in such circumstances;
 the buyer’s right of recourse in the case of total eviction as well as in the case
of partial eviction including prescribed case law;
 the circumstances where the buyer will have no right of recourse;
 the influence of the CPA on the warranty against eviction.

 [37] Par Excellence Colour Printing (Pty) Ltd v Ronnie Cox Graphic Supplies
(Pty) Ltd 1983 1 SA 295 (A)
37
 [50] Glaston House (Pty) Ltd v Inag (Pty) Ltd 1977 2 SA 846 (A)
 Barnard J “The influence of the Consumer Protection Act 68 of 2008 on the
common law warranty against eviction: a comparative overview” (2012) 15
PELJ 347-376
Theme 7: Warranty against Latent Defects and Defective

Consumer Goods
Covered in Week 06

 [44] Holmdene Brickworks (Pty) Ltd v Roberts Construction Co Ltd 1977 3
SA 670 (A)
 [45] Ciba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd 2002 2 SA 447 (SCA)
 [46] Freddy Hirsch Group (Pty) Ltd v Chickenland (Pty) Ltd 2011 4 SA 276
(SCA)
 [49] Van der Merwe v Meades 1991 2 SA 1 (A)
 [52] Banda v Van der Spuy 2013 4 SA 77 (SCA)
 [53] Waller v Pienaar 2004 6 SA 303 (C)
 [54] Odendaal v Ferraris 2008 4 All SA 529 (SCA)
 [56] Vousvoukis v Queen Ace CC t/a Ace Motors 2016 3 SA 188 (ECG)
 Motus Corporation (Pty) Ltd and Another v Wentzel (Case no 1272/2019)
[2021] ZASCA 40 (13 April 2021) – (not for assessment purposes)
Study objectives
 the definition of a latent defect and the requirements thereof as developed
through case law;
 the distinction between the warranty by operation of law, contractual
warranties, misrepresentation and sales talk;
 the action that can be instituted in the case of each warranty including
prescribed case law;
 the principles regarding when the actio empti can be instituted, what can be
recovered with it and why it is the most advantageous to use include
prescribed case law;
 the distinction between the various aedilitian actions and what can be
recovered with each of them including prescribed;
 the effect of a “voetstoots” sale; when it will not apply and when the aedilitian
actions cannot be instituted including prescribed case law;
 the influence of the CPA on the warranty against latent defects vis-à-vis
quality of goods, product failure or defects in goods, available defences,
remedies and the implied warranty for good quality of goods and the
application thereof in terms of prescribed case law including the interpretation
of the availability of common law remedies in terms of the courts;
 the liability for damages caused by defective goods in terms of the CPA;
 explain how the court in Vousvoukis gave effect to the purpose of the CPA in
the advancement of social and economic welfare of consumers (and
38
vulnerable consumers in particular) with reference to “goods” and second-

hand goods (5 marks).

 [42] Bayer South Africa (Pty) Ltd v Frost 1991 4 SA 559 (A)
 [48] Truman v Leonard 1994 4 SA 371 (C)
 [51] De Vries v Wholesale Cars (Pty) Ltd 1986 2 SA 22 (O)
 [47] Haviside v Heydricks 2014 1 SA 235 (KZP)
 [55] Bayer South Africa (Pty) Ltd v Frost 1991 4 SA 559 (A)
 Maleka M “Manufacture, sell and be liable for latent defects: D & H Piping
Systems (Pty) Ltd v Trans Hex Group Ltd” (2009) 21 SA Merc LJ 576-590
 [50] Glaston House (Pty) Ltd v Inag (Pty) Ltd 1977 2 SA 846 (A)
o Critically discuss the decision of Glaston House v Inag with reference the
common warranties of eviction and latent defects
 Lötz DJ & CJ Nagel “Expanding the scope of latent defects and the protection
afforded by ‘voetstoots’ clauses? Developments in the case law” (2014) 77
THRHR 642-650
 Ellis and another v Cilliers NO and Others 2016 1 SA 293 (WCC)
o Undisclosed alterations to house, complicating purchasers' intended
renovation thereof, constituting latent defect
o Seller had duty to disclose unusual or abnormal qualities in the merx and
cannot hide behind the “voetstoots” clause
 Barnard J “The influence of the Consumer Protection Act 68 of 2008 on the
warranty against latent defects, voetstoots clauses and liability for damages”
(2012) 45 De Jure 455-484
Theme 8: Miscellaneous Aspects
Covered in Week 06

 Commercial Law paras 15.01-15.15 (Self-study)
Study objectives
 the duties of the buyer, the effects of non-compliance, and the seller’s
remedies;
 The legal position regarding: the date of payment; payment in instalments;
Place of payment;
 The legal position regarding receipt of the thing sold;
 The miscellaneous duties of the buyer at par 15.10.

 [11] Kootbodien v Mitchell’s Plain Electrical Plumbing and Building CC 2011
4 SA 624 (WCC)
o Critically discuss the court’s view on when the merx becomes a res
litigiosa as well as the appropriateness (or inappropriateness) of the
enforcement of specific performance where the property had already been
transferred;
39
 Suspensive conditions
o [2] Geue v van der Lith [2003] 4 All SA 553 (SCA), 2004 3 SA 333
(SCA)
o [59] Equistock Group CC t/a Autocity Motor Holdings v Mentz [2004] 2 All
SA 46 (T)
o [3] Mia v DJL Properties (Waltloo) (Pty) Ltd 2000 4 SA 220 (T)
o [27] Hirschowitz v Moolman 1985 3 SA 729 (A)
o [28] Krause v Van Wyk 1986 1 SA 158 (A)
o [57] De Wet v Zeeman 1989 2 SA 433 (C)
o [58] Remini v Basson 1993 3 SA 204 (N)
o [60] Diggers Development (Pty) Ltd v City of Matlosana [2012] 1 All SA
428 (SCA)
o Lötz DJ & Nagel CJ “The Corondimas principle is still alive and well:
Diggers Development (Pty) Ltd v City of Matlosana Case No 824/2010
[2011] ZASCA 247” (2012) 75 THRHR 681-688
o the approach of the courts regarding sales subject to suspensive
conditions
o the judicial confirmation of the Corondimas principle in light of our
Constitutional dispensation as decided in Diggers Development
 The distinction between sale and exchange and the remedies available
o Glover GB “The Aediles Curules and the Constitution: Janse van
Rensburg v Grieve Trust CC 2000 1 SA 315 (C)” (2001) 64 THRHR 156
o the approach of the courts determining trade-in and sale agreements and
the remedies available to the parties
o [5] Mountbatten Investments (Pty) Ltd v Mahomed 1989 1 SA 172 (D)
o [61] Wastie v Security Motors (Pty) Ltd 1972 2 SA 129 (C)
o [62] Bloemfontein Market Garage (Edms) Bpk v Pieterse 1991 2 SA 208
(O)
o [63] Janse van Rensburg v Grieve Trust CC 2000 1 SA 315 (C)
 Option and pre-emptive rights
o [29] Mokone v Tassos Properties CC 2017 5 SA 456 (CC)
o the development in our law regarding the distinction between trade-in and
sale agreements and the common law remedies available where there is
breach
o the distinction between a pre-emptive right and an option
o the formalities in the case of a pre-emptive right and an option
o the development of existing law regarding pre-emptive rights and the
Constitutional approach in Mokone
Study Unit 2: Letting and Hiring of Things (Lease)

Theme 1: Introduction and Essentialia
Covered in Week 07
40

o Focus on: 16.01-16.14, 16.26-16.29, 16.31-16.44
o Read only: 16.15-16.25, 16.30, 16.45-16.57
 Maphango & Others v Aengus lifestyle (Pty) Ltd 2011 5 SA 19 (SCA); 2012 3
SA 531 (CC) (only as discussed in Commercial Law para 16.07)
 [64] Ferndale Crossroads Share Block (Pty) Ltd v Johannesburg
Metropolitan Municipality 2011 1 SA 24 (SCA)
 [65] Benlou Properties (Pty) Ltd v Vector Graphics (Pty) Ltd 1993 1 SA 179
(A)
 Rental Housing Act 50 of 1999 (RHA)
Study objectives
 the definition of a contract of letting and hiring of things (lease);
 the sources of law applicable to lease contracts, including the common law,
the Constitution and specialised legislation;
 whether there are any formality requirements for valid lease agreements;
 the impact of failure to comply with statutory requirements on the validity of
a lease agreement, as per Ferndale Crossroads Share Block (Pty) Ltd v
Johannesburg Metropolitan Municipality 2011 1 SA 24 (SCA);
 the (common law) essentialia of a lease contract, namely consensus on:
(1) the leased property;
(2) the temporary transfer of use and enjoyment of the property; and
(3) the nature and extent of the counter-performance;
 the principles surrounding the unilateral increase of rental by the lessor, as
per Benlou Properties (Pty) Ltd v Vector Graphics (Pty) Ltd 1993 1 SA 179
(A);
 the application of the Rental Housing Act to the law of lease;
 the approach of the Constitutional Court in the application and interpretation of
the Rental Housing Act regarding unfair practices and the jurisdiction of the
Rental Housing Tribunal as decided in Maphango & Others v Aengus lifestyle
(Pty) Ltd 2012 3 SA 531 (CC);
 the application of the Consumer Protection Act to the law of lease.

 the influence of the Consumer Protection Acton the essentialia, contract
terms, prohibited lease transactions, notices and powers of a court.
Theme 2: Duties of Lessor
Covered in Week 07

 [66] Arnold v Viljoen 1954 3 SA 322 (C)
 [67] Steynberg v Kruger 1981 3 SA 473 (O)
 [68] Mpange v Sithole 2007 6 SA 578 (W)
41
 University of Pretoria v Roger and others [2023] ZAGPPHC 1203
Study objectives
 the duties of the lessor, with specific reference to the four key duties of:
(1) delivery of the leased property;
(2) maintenance of the leased property;
(3) providing undisturbed use and enjoyment of the leased property; and
(4) compensation for attachments and improvements to the property;
 the meaning and operation of the “huur gaat voor koop” (lease goes before
sale) rule;
 the corresponding remedies of the lessee when the lessor fails to comply
with his duties, with particular reference to
(1) specific performance;
(2) rescission;
(3) damages;
(4) reduction of rent; and
(5) the lessee himself undertaking repairs;
 the constitutionally inspired development of the common law remedies for
(vulnerable) lessees where the lessor does not maintain the property.

 Barnard J “Remedies of the lessee: The development of specific performance
and reduction in rent – Mpange v Sithole” 2009(2) THRHR 345;
 September A “The New Rental Housing Amendment Bill of 2013” 2014 (June)
PLD 2-6;
 Dafel M “Curbing the constitutional development of contract law: A critical
response to Maphango v Aengus Lifestyle Properties (Pty) Ltd” 2014 SALJ
271;
 Delport H “Problematic aspects of the Consumer Protection Act 28 of 2008 in
relation to property transactions: Linked Transactions, Fixed-Term Contracts
and Unsigned Sale Agreements” 2014 Obiter 60;
 Tchawouo Mbiada CJ “The Public Protector as a mechanism of political
accountability: The extent of its contribution to the realisation of the right to
access adequate housing in South Africa” (2017) May PELJ 1;
 discuss the Land Claims Court’s approach in Eastern Produce Estates SA
(Pty) Ltd v Wales Communal Property Association and Others 2018 4 SA 220
(LCC) regarding the preservation of the huur gaat voor koop principle where
there is restitution of land in terms of s 25(7) of the Constitution;
 [69] Mignoel Properties (Pty) Ltd v Kneebone 1989 4 SA 1042 (A)
 [70] Spearhead Property Holdings Ltd v E and D Motors (Pty) Ltd 2010 2 SA
1 (SCA);
 [71] Palabora Mining Co Ltd v Coetzer 1993 3 SA 306 (T);
 Business Aviation Corporation (Pty) Ltd v Rand Airport Holdings (Pty) Ltd
[2006] SCA 72 RSA.
Theme 3: Duties of Lessee
Covered in Week 08
42

 Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of
1998
 Chapter 3 of the Rental Housing Act 50 of 1999
Study objectives
 the duties of the lessee, with specific regard to:
 payment of the rent;
 proper use of the leased property; and
 return of the property upon termination of the lease;
 the remedies of the lessor when the lessee does not comply with his duties,
with particular reference to:
 specific performance;
 rescission;
 damages; and
 the tacit hypothec;
 the legal position regarding the eviction of lessees in light of the applicable
statutes, case law and constitutional rights;
 the rights and duties imposed by the Rental Housing Act.

 [72] Sapro v Schlinkman 1948 2 SA 637 (A)
 [74] Swart v Van der Vyver 1970 1 SA 633 (A)
 [73] Protea Assurance Co Ltd v Presauer Developments (Pty) Ltd 1985 1 SA
737 (A)
 [75] Mutual Construction Co (Tvl) (Pty) Ltd v Komati Dam Joint Venture 2009
1 SA 464 (SCA)
 Tshehla B “Eviction in the rental housing sector in South Africa” (2016) 30.2
SJ 39;
 Vols M and Fick S “Using eviction to combat housing-related crime and anti-
social behaviour in South Africa and the Netherlands” (2017) SALJ 327;
 Mcdonall Chilemba E “Evictions in South Africa during 2014: An analytical
narrative” ESR Review 2015 3
 Vis maior, Covid-19 and lease agreements
 Bradfield & Christie Christie’s Law of Contract in South Africa (2017)
7th ed Lexisnexis.
 Kuschke & Nagel et al Commercial Law (2019) 6th edition 143-144.
 Hutchison & Pretorius (eds) The Law of Contract in South Africa (2017)
Oxford University Press.
 Glover & Kerr Kerr’s Law of Sale and Lease (2014) 581 Juta.
 Frajenron (Pty) Ltd v Metcash Trading Ltd and Others 2020 (3) SA 210
(GJ).
 Viljoen SM “The impact of the COVID-19 regulations on rent
obligations” 2020 De Jure 353-368.
 Malatji M “The importance of Property force Majeure Clause in a lease
for Commercial Lease agreement” (2021) 25.2 PLD.
43
 Nysschen J “Meeting Contractual Obligations During The COVID19

Lockdown” (2020) 24.2 PLD.
Theme 4: Miscellaneous Aspects
Covered in Week 08

 [77] Mighty Solutions t/a Orlando Service Station v Engen Petroleum Ltd
2016 1 SA 621 (CC)
 [80] Malan v City of Cape Town 2014 6 SA 315 (CC)
 [78] Mokone v Tassos Properties CC 2017 5 SA 456 (CC)
Study objectives
 the distinction between a sub-lease, cession, delegation and assignment;
 the approach of the court in Mighty Solutions t/a Orlando Service Station v
Engen Petroleum Ltd 2016 1 SA 621 (CC) regarding sub-lease and the right
to evict;
 the manners in which a contract of lease can be terminated, with specific
reference to:
 effluxion of time;
 notice;
 rescission
 death;
 insolvency;
 the relevance of Malan v City of Cape Town 2014 6 SA 315 (CC) regarding
the following issues:
(1) The termination of a lease on mere notice;
(2) termination of lease on the ground of arrear rental;
(3) enforcement of clause prohibiting illegal activities; and
(4) what the court considered to be equitable in the case of eviction upon
termination of lease;
 the rules regarding the renewal of a lease;
 the amendment of the common law position in the case of renewal of a lease,
regarding the terms of the original lease that automatically continue in the new
lease, as per Mokone v Tassos Properties CC 2017 5 SA 456 (CC).

 [76] Spies v Lombard 1950 3 SA 469 (A)
 Airports Company South Africa SOC Ltd v Airports Bookshops (Pty) Ltd t/a
Exclusive Books [2016] 4 All SA 665 (SCA)
 Delport H “Problematic aspects of the Consumer Protection Act 28 of 2008 in
relation to property transactions: Linked Transactions, Fixed-Term Contracts
and Unsigned Sale Agreements” 2014 Obiter 60
 Application of the Extension of Security of Tenure Act 62 of 1997 (ESTA) to
lease agreements and the termination of a lease
 [79] Molusi v Voges 2016 3 SA 370 (CC)
44
 Critically discuss the cancellation of a lease agreement in terms of ESTA as

applied in Molusi v Voges. Include in your discussion the approaches of the
Land Claims Court, the Supreme Court of Appeal and the eventual
Constitutional Court in casu. How does the decision in Molusi advance
sustainability from a social sustainability and responsibility perspective?
 Shepherd Real Estate Investments (Pty) Ltd v Roux Le Roux Motors CC 2020
(2) SA 419 (SCA).
o An option to renew clause in a lease agreement stating that rental and
costs shall be mutually agreed upon in writing between landlord and
tenant when the right of renewal in lease exercised is unenforceable as
it amounts to an agreement to agree. Such a clause will be void for
vagueness.
o An arbitration clause in a lease agreement is a not deadlock-breaking
mechanism to cure invalidity.
Study Unit 3: Agency

Covered in Week 09

 [82] Ongevallekommissaris v Onderlinge Versekerings Genootskap AVBOB
1976 4 SA 446 (A)
Study objectives
 the basic concepts like agency, agent, principal and authority;
 the meaning of and requirements for a valid act of agency;
 the difference between agency and an employment contract, as per
Ongevallekommissaris v Onderlinge Versekerings Genootskap AVBOB 1976
4 SA 446 (A).

 [81] Allen v Sixteen Stirling Investments (Pty) Ltd 1974 4 SA 164 (D)
45
Theme 2: Authority
Covered in Week 09

 [83] Nel v South African Railways & Harbours 1924 AD 30
 [84] Makate v Vodacom Ltd 2016 4 SA 121 (CC)
Study objectives
 the basic meaning of authority;
 the sources of (and requirements for the coming into existence of) authority,
with specific reference to:
(1) contractual authority (mandate or employment);
(2) ratification;
(3) implied authority (by operation of law (ex lege)); and
(4) ostensible authority (estoppel);
 the influence of Makate v Vodacom Ltd 2016 4 SA 121 (CC) on the law of
agency, especially authority;
 the scope of the agent’s authority, with specific reference to:
(1) express authority;
(2) tacit authority; and
(3) ostensible authority;
 the test for determining the scope of tacit (or implied) authority, as per Nel v
South African Railways & Harbours 1924 AD 30;
 the formalities in respect of authority;
 the manners in which authority is terminated.

 Cassim FHI & Cassim MF “The authority of company representatives and the
Turquand rule revisited” (2017) 134 SALJ 639-664
 Sharrock RD “Authority by representation – a new form of authority?” (2016)
19 PELJ 1-21
 Madlela V & Lehloenya PM “Representation of a company when contracting
with another person under South African law: Makate v Vodacom (Pty) Ltd
[2016] ZACC 13” (2018) 39 Obiter 547-560
Theme 3: Rights and Duties of Principal and Agent
Covered in Week 10

 [85] Cullinan v Noordkaaplandse Aartappelkernmoerkwekers Koöperasie
Bpk 1972 (1) SA 761 (A)
 [87] Barnabas Plein & Co v Sol Jacobson & Son 1928 AD 25
 [88] Gordon v Slotar 1973 3 SA 765 (A)
46
 Aida Real Estate v Lipschitz 1971 3 SA 871 (W) [as summarised in

Commercial Law para 12.23]
 [91] Mouton v Die Mynwerkersunie 1977 1 SA 119 (A)
 [92] Plaaslike Boeredienste (Edms) Bpk v Chemfos Bpk 1986 1 SA 819 (A)
Study objectives
 the duties of the principal, with specific reference to the duties to:
(1) compensate the agent;
(2) indemnify the agent against loss;
(3) reimburse the agent for expenses;
(4) account to the agent
 the agent’s lien and the right of set-off between the principal and agent;
 the duties of the agent, with specific reference to the duties to:
(1) perform his or her mandate;
(2) act in good faith;
(3) account to the principal;
(4) return the principal’s property;
 the relationship between the principal and the third party, with particular focus
on the principal’s liability towards third parties;
 the relationship between the agent and the third party, with particular focus on
the agent’s liability towards third parties;
 the special types of principals, with specific reference to:
(1) non-existing principals;
(2) undisclosed principals;
 the special types of agents, with specific reference to:
(1) brokers;
(2) estate agents;
(3) auctioneers;
(4) company representatives;
(5) intermediaries in terms of the Consumer Protection Act 68 of 2008;
 the statutory framework that governs estate agents: the Property Practitioners
Act 22 of 2019 [note that Commercial Law still refers to the Property
Practitioners Bill before it became an Act];
 the rules regarding the remuneration of estate agents.

 John Pritchard v Thorny Park Estates 1967 2 SA 511 (D)
 [89] Venter Agentskappe (Edms) Bpk v De Sousa 1990 3 SA 103 (A)
 [86] Botha v Giyose t/a Paragon Fisheries 2007 SCA 73 (RSA)
 [90] Blumenthal v Bond 1916 AD 29
 Property Practitioners Act 22 of 2019
47
Study Unit 4: Suretyship

Nagel et al Commercial Law chapter 27
Covered in Week 12

Study objectives
 the basic concept of credit security;
 the distinction between real and personal security;
 the principles regarding accessoriness.
Theme 2: Suretyship
Covered in Week 12

 [93] Sapirstein v Anglo African Shipping Co (SA) Ltd 1978 4 SA 1 (A)
 [94] Fourlamel (Pty) Ltd v Maddison 1977 1 SA 333 (A)
 [95] Jurgens v Volkskas Bank Ltd 1993 1 SA 214 (A)
 [96] Neon and Cold Cathode Illuminations (Pty) Ltd v Ephron 1978 1 SA 463
(A)
 Section 6 of the General Law Amendment Act 50 of 1956
Study objectives
 the definition of a contract of suretyship;
 the nature of a contract of suretyship,
 the distinction between suretyship and other legal phenomena like guarantee,
indemnity, insurance, delegation and co-debtorship;
 the legal position in the case of a person bound as a “surety and co-principle
debtor”, with reference to the Neon case;
 the formation of a contract of suretyship, with specific reference to:
o the statutory requirements set out in section 6 of the General Law
Amendment Act 50 of 1956;
o the rules set out in case law like the Sapirstein, Fourlamel and Jurgens
cases;
 the consequences of a contract of suretyship;
 the benefits and rights of recourse of a surety;
 the termination of a contract of suretyship;
 the impact of the National Credit Act 34 of 2005 on suretyship.
48

 [97] Botha (now Griessel) v Finanscredit (Pty) Ltd 1989 3 SA 773 (A)
 [98] Pangbourne Properties Ltd v Nitor Construction (Pty) Ltd 1993 4 SA 206
(W)
 Effect of deregistration of debtor on suretyship: The proceedings in Thomani
and Another v Seboka NO and Others 2017 1 SA 51 (GP)
 Business rescue and suretyship in terms of the Companies Act 71 of 2008.
 Liberty Group Limited v Illman 2020 (5) SA 397 (SCA)
o Confirmation of Neon-case
o Distinction between co-principle debtor to co-debtor.
o Re-affirmed the accessorial nature of suretyship.
o Period of prescription is calculated in relation to the principle debt, and
should that claim prescribe, so too does the surety agreement
Study Unit 5: Letting and Hiring of Work

Nagel et al Commercial Law chapter 39
Covered in Week 13

o Leave out: paras 39.05 and 39.10-39.23
 [108] Smit v Workmen’s Compensation Commissioner 1979 1 SA 51 (A)
Study objectives
 the origin of the contract of letting and hiring of work;
 the definition of and parties to a contract of letting and hiring of work;
 the distinction between letting and hiring of work and an employment contract
 the definition of a subcontractor, and the distinction between a selected and
nominated subcontractor;
 the rules for dealing with the situation where a contractor does not pay a
subcontractor;
 the parties to a contract of letting and hiring of work.
Theme 2: Conclusion and Contents of Contract
Covered in Week 13

 Commercial Law paras See 39.24-39.25 and 39.32-39.35; 39.44-39.63
o Leave out: paras 39.26-39.31, 39.36-39.43, 39.64-39.69
 [109] Tulloch v Marsh 1910 TPD 453
 [119] Sifris v Vermeulen Broers 1974 2 SA 218 (T)
49
Study objectives
 the requirements for the validity of the contract for letting and hiring of work
(the essentialia of this contract);
 the distinction between letting and hiring of work and a contract of sale;
 examples of special clauses (incidentalia) and implied terms (naturalia) often
included in contracts of letting and hiring of work.
Theme 3: Duties of the Parties
Covered in Week 13

Study objectives
 the duties of the different parties to the contract;
 the remedies for non-compliance with these duties.
Theme 4: Termination of Contract
Covered in Week 13

Study objectives
 the various methods of terminating a contract for letting and hiring of work.
50
PART C: WORKING SCHEDULE
General instructions
In what follows, specific instructions are provided on what should be done during each week
of the semester. The information under each week is divided into “Assessment” and
“Learning activities”.
Make sure that you plan your weeks properly to set aside time for learning activities and
assessments.
Regarding the approach to prescribed material, see Part A(7) above.
Summary of the Working Schedule:

NB: The dates below are subject to change depending on UP official calendar.
Dates Assessment Activities

Week 01 22 Jul – 26 Jul - Unit 0
Introduction &
Explanation of module
Week 02 29 Jul – 02 Aug Practice Online test Unit 1 Theme 1 and
[Unit 0 & Study Guide Theme 2
Content] 5 questions
0 marks
Week 03 05 Aug – 09 Aug - Unit 1 Theme 3
Week 04 12 Aug – 16 Aug - Unit 1 Theme 4 and 5
Week 05 19 Aug – 23 Aug Online test 1 Unit 1 Theme 6
[Unit 1 Theme 1-3] 20
marks
Week 06 26 Aug – 30 Aug Class test Unit 1 Theme 7 and 8
Sit-down, In-person,
written
 Group 2: Tues 27
Aug 8:30 – 10:20 in
Rautenbach Hall
 Group 1: Tues 27
Wed 30 Aug
13:308:30 –
14:2010:20
Rautenbach HallAE
du Toit Auditorium
[Unit 1 Th 4, 5 & 6]
20 marks
 Don’t be late for the
test
 Keep to your
allocated group
Week 07 02 Sep – 06 Sep - Unit 1 Theme 7 and 8
(if not finished)
Unit 2 Theme 1 and 2
51
Week 08 09 Sep – 13 Sep - Unit 2 Theme 3 and 4

Recess 14 Sep – 25 Sep - -
Week 09 16 Sep – 20 Sep Revision Unit 2
Unit 3 Theme 1 and 2
Recess 19 Sep – 29 Sep - -
Week 10 30 Sep – 04 Oct Semester Test -
Sit-down, in-person, No in-person contact
written sessions.
2 October
17:30 – 19:00
 Louw hall
 Muller hall
 Roos hall
 Te Water hall
 vd Bijl hall
Remember student card
and at least 2 pens!
[Unit 1 Theme 7 & 8]
and [Unit 2]
40 Marks
Week 11 07 Oct – 11 Oct
Unit 3 Theme 3
Week 12 14 Oct – 18 Oct - Unit 4
Week 13 21 Oct – 25 Oct -
Unit 5
Week 14 28 Oct – 01 Nov Online test 2 -
[Units 3,4 & 5] 20 marks
Week 15 04 Nov – 08 Nov Own Revision Revision in lectures: tbc
See UP Portal Sit-down, in-person, Study Units 2-5
written 50 Marks
exam Draft date & time:
Wed 13 November
11:15 – 14:15
NOTE! Subject to
change! Student’s
responsibility to make
sure on ClickUP.
Lecturer not
responsible.
52
Week 01
Date: 22 July – 268 July
Work covered: Unit 0
1.1 Assessment: None
1.2 Learning activities
 Attend first contact sessions (lectures)

o Group 1: TuesdayWednesday 13:308:30 – 14:200:20 Thuto 1-1 AE du
Toit Auditorium.
o Group 2: TuesdayWednesday 8:3014:30 – IT 2-2315:20 Centenary 6.
 Read through the study guide in detail. If anything is unclear, send a query to
Adv Z MasheleDr Nyaude. Make sure that you are very familiar with how the
module will be presented.
 Plan your semester by diarising all the important dates (especially for the
tests) and designing your weekly work schedule. Plan your weeks and
schedule times for reading, listening to the recordings, assessments, etc.
 Read through the Escalation Policy, Student Code of Conduct and
Plagiarism Prevention Policy documents in detail (all are available on
ClickUP).
 Recap the general principles of contract law, as covered in KTR 211.
o Recording of SU 0 on ClickUP.
o Go through all your notes etc. from KTR 221.
o Optional: Read through chapters 3 to 9 of Nagel et al Commercial Law.
o Use the PowerPoint slides, provided on ClickUP, as a guideline to recap
the general principles of contract law.
53
Week 02
Date: 2931 Jul – 024 Aug
Work covered: Unit 1 Theme 1 and Theme 2
2.1 Assessment: ONLINE TEST 0
 Marks: 0
 Scope: Administrative matters and Unit 0 [Work done in Week 01]
o You will have to answer some very basic questions regarding the study
guide and the policies mentioned above, as well as some fundamental
questions on the general principles of contract law.
o Test 1 will serve as a practice to ensure that you are comfortable with how
the online tests will work.
 Time:
o The test will be available for three days
o Open: on the Tuesday of Week 02 (3001 JULAUG 20243) at 06:00
o Close: on the Thursday of Week 02 (013 AUG 20243) at 23:00
o You will have 30 MINUTES to complete the test once you start.
 NB: See the general instructions regarding online tests above.
 NB: See ClickUP for any further specific instructions, if applicable.
 Read through all the prescribed materials for Unit 1 Theme 1 and Theme 2
i.e. the relevant paragraphs in Commercial Law and the listed cases.
 Add to/Make your own notes/summaries of the work if you wish, using the
PowerPoint Slides provided on ClickUP as well as the study objectives of the
theme.
 If relevant, make a brief summary of each prescribed case (especially the
principle(s) laid down) and ensure that you know how it relates to the topic.
 Based on the study objectives, assess yourself on whether you understand
the work. Read through the materials again, if necessary.
 Attend lectures and tutorial to do the practice questions as well as revision.
 Contact the lecturer the moment you realise you are struggling with the
practices questions or unclear about any of the work.
 If applicable, follow any other specific instructions given on ClickUP.
54
Week 03
Date: 057 Aug – 0911 Aug
Work covered: Unit 1 Theme 3
 Read through all the prescribed materials for Unit 1 Theme 3 – i.e. the
relevant paragraphs in Commercial Law and the listed cases.
theme.
 Attend lectures and tutorials to do the practice questions as well as revision.
Week 04
 Read through all the prescribed materials for Unit 1 Theme 4 and Theme 5 –
theme.
 Attend lectures and tutorials to do the practice questions as well as revision
55
Week 05
Work covered: Unit 1 Theme 6
 Marks: 20
o Note that some questions may count more than 1 mark.
 Scope: Unit 1 Theme 1, 2, and 3
 Time:
o Open: on the Tuesday of Week 05 (202 Aug 2024) at 06:00
o Close: on the Thursday of Week 05 (224 Aug 20243) at 23:00
o You will have 2 HOURS to complete the test once you start.
NB: See ClickUP for any further specific instructions, if applicable.
 Add to/Make your own notes/summaries of the work, using the PowerPoint
Slides provided on ClickUP as well as the study objectives of the theme.
 Attend lectures and tutorials to do the practice questions.
56
Week 06
Date: 26 Aug – 3001 AugSep
6.1 Assessment: CLASS TEST
 Sit-down, In-person, written.

 Group 2: Tues 279 Aug 2024 8:30 – 10:20 in Rautenbach HallIT 2-23
 Group 1: Wed 30 Aug 202413:308:30 – 14:2010:20 Rautenbach HallAE du
Toit Auditorium
 Scope: [Unit 1 Th 4, 5 & 6]
 20 marks
 Don’t be late for class
 Keep to your allocated group
 Remember to complete the attendance slip and submit with test before
leaving venue.
 Keep question paper for revision.
 Make your own notes/summaries of the work, using the PowerPoint Slides
provided on ClickUP as well as the study objectives of the theme.
 Test yourself and do the practice questions without looking at the answers.
practice questions or unclear about any of the work.
Week 07
Date: 024 Sep – 068 Sep
Work covered: Unit 1 Theme 7 and Theme 8 Revision
Unit 2 Theme 1 and Theme 2
57
 Attend lectures and tutorials for revision and practice questions of Unit 1
themes 7 & 8
 Add to/Make your own notes/summaries of the work, using the PowerPoint
Week 08
 Make your own notes/summaries of the work, using the PowerPoint Slides
provided on ClickUP as well as the study objectives of the theme.

58
Week 09
Work Covered: Revision Unit 2
Unit 3 Theme 1 and Unit 3 Theme 2
9.1 Assessment:
 Attend lectures and tutorials for practice questions Unit 2.

 Add/Make your own notes/summaries of the work, using the PowerPoint
University Recess
 Use this time to take a break, if you can.

 Make sure you are up to date and completed Units 1 & 2.
See you again in Week 109.
Week 10
Date: 302 SepOct – 046 Oct
Work covered: None.
10.1 Assessment: SEMESTER TEST

 Sit-down, In-person, written on campus.
 Wednesday 024 October 2024 17:30 – 19:00
o Lauw hall
o Muller hall
o Roos hall
o Te Water hall
o vd Bijl hall
 Scope: [Unit 1 Theme 7 & 8] and [Unit 2]
 40 Marks
 Theory and application questions.
59
 Remember your student card and two pens!

 Remember to complete the attendance slip and submit before leaving.
 Don’t throw away the questions paper! You will need it for revision.
 Inability to complete test due to illness: application for sick test in accordance
below).
Week 11
Date: 079 Oct – 1113 Oct
Work Covered: Unit 3 Theme 3
 Attend lectures and tutorials for practice questions.
Week 12
Work Covered: Unit 4 Theme 1 and Theme 2
Week 13
60

Work Covered: Unit 5 Theme 1 to 4
 Read through all the prescribed materials for Unit 5 Theme 1 to 4 – i.e. the
 Attend lectures and tutorials for practice questions.
Week 14
Date: 2830 Oct – 013 Nov
Work covered: None / own revision
 Marks: 20
o Note that some questions may count more than 1 mark.
 Scope: Units 3, 4 & 5
 Time:
o Open: on the Tuesday of Week 14 (2931 OCT 20243) at 06:00
o Close: on the Thursday of Week 14 (3102 OCTNOV 20243) at 23:00
o You will have 2 HOURS to complete the test once you start.
 NB: See ClickUP for any further specific instructions, if applicable.
 None. Module content complete.

 Use this week for revision and to start preparing for the exam.
 Attend lectures for practices questions for exam.
Week 15
Date: 046 Nov – 0810 Nov
61
Work covered: None / revision/ exam preparation
15.2 Learning activities: Preparation exam
 Administrative matters regarding exam entry will be finalised this week.
62

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Department of Mercantile Law

Law of Specific Contracts

Last Revision: July 2024 Dr AB Nyaude

Theme 5: Seller’s Duty of Delivery; Transfer of Ownership (if Seller is the

PART A: ADMINISTRATIVE MATTERS

ClickUP can be accessed through the UP Portal or by following this link:

1.2 BLENDED LEARNING IN 20243: ONLINE AND IN-PERSON

HOW IS THIS GOING TO WORK?

1. IN-PERSON CONTACT SESSIONS

1. In-person contact sessions

NB: In-person lectures and lecture recordings will not necessarily be

NB: The system records all information regarding student activities on

1.3 THE R.I.P APPROACH TO KTH 220

Your Faculty Student Advisor can advise you on goal-setting, adjustment

2. Lecturers and Tutors

Advocate Zwivhuya Mashele (module coordinatorLecturer)

Dr Ashley B Nyaude (module coordinator)

Prof Tumo Maloka (Lecturer)

Motlalekgomo Mofokeng (Tutor)

Mr Gomolemo Mathibe (Tutor)

RULES FOR EMAIL COMMUNICATIONS:

2.1 Other Persons

2.1.1 Departmental administrators

2.1.2 Faculty Student Advisor

2.1.3 Head of Department

2.1.4 Deputy Dean: Teaching and Learning

2.1.5 Subject librarian

2.1.6 Class representatives

4. Lecture times and venues

Lecture 1 TUESDAYS 13:30 – 14:20 Thuto 1-1

Lecture 1 & TUESDAYS 8:30 – 10:20 IT 2-23

NOTE! Depending on the progress

5.1 Credits and notional hours

Activity Notional hours

5.2 Level descriptors

KTH 220 is a second-year module and therefore is presented at level 6 of the

1. Scope of knowledge, in respect of which a learner is able to demonstrate:

2. Knowledge literacy, in respect of which a learner is able to demonstrate an

3. Method and procedure, in respect of which a learner is able to demonstrate the

4. Problem solving, in respect of which a learner is able to demonstrate the ability

5. Ethics and professional practice, in respect of which a learner is able to

6. Accessing, processing and managing information, in respect of which a

7. Producing and communicating information, in respect of which a learner is

8. Context and systems, in respect of which a learner is able to demonstrate the

9. Management of learning, in respect of which a learner is able to demonstrate

10. Accountability, in respect of which a learner is able to demonstrate the ability to

5.3 Bloom’s Taxonomy of Educational Objectives

Students are further referred to Bloom's Taxonomy of Educational Objectives

5.4 The UP Curriculum Transformation Framework Document

 The 4 drivers of curriculum transformation were incorporated in the content

 The 4 drivers of curriculum transformation are:

 See also the UN Sustainable Development Goals

5.5 Style of answering questions

Following an approach of blended learning, the assessments will be in the

5.6 Plagiarism and cheating

For information regarding plagiarism, see the UP Library webpage:

The UP Plagiarism Prevention Policy is available on ClickUP as well as online at:

REMEMBER THE R.I.P APPROACH TO THIS MODULE!

5.7 Use of AI ChatGPT, Google BARD, or Microsoft BING

The work will be assessed in three ways during the semester: