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How Has Technology Contributed to the Globalization of Markets and Production

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Submitted By njabulonyathi
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MIDLANDS STATE UNIVERSITY
Faculty of Commerce
Bachelor of Commerce Honours Degree in Business Management
Course: BM105: BUSINES LAW
ASSIGNMENT QUESTIONS a) Discuss the method of delivery in a contract of sale b) Explain the seller’s warranty against latent defects

a) Discuss the method of delivery in a contract of sale
Ownership in a contract of sale is transferred by the delivery of the property from the seller to the buyer, agrees Hutchison et al, (1991).
In a contract of sale, both the seller and the buyer have roles/obligations to play/perform to qualify the sale. Apart from making a payment by the buyer and receiving of the same payment by the seller, there need for the object sold or the merx to be delivered to the buyer.
Delivery is effected by the physical hand over of the property to the buyer and there are several varieties or options to do so. Either the thing itself is actually handed over, which is actual or real delivery or the thing is not moved at all, but the circumstances are such that, while the thing is not moved at all, the physical control nevertheless vests in the transferee or buyer
Different methods of delivery are used, depending on the object or merx in the transaction. The seller has an obligation to deliver the thing under sale to the buyer in time; however the seller has no obligation to transfer ownership to the buyer, as the law compels him to only transfer the merx. In Kleynhams Vs Wessels Trustee, the court observed that ‘A contract of sale with us does not have the effect of a translatio domini (transfer of ownership), it is simply an obligation to give vacua possession coupled with the further legal consequences of a guarantee against eviction.
Of important to note is that both parties must satisfy the physical and mental elements to constitutes delivery. In the mental element, the seller or transferor

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