Assignment Task
Task
Q.1.1 Briefly explain the meaning of the latin maxim, ex turpi causa non orature actio. (10)
Q.1.2 Rosalind and Raymond enter into a contract of sale, for the sale of Rosalind’s food delivery van. The parties agree that the warranty against latent defects will be excluded from their contract and that the van will be sold ‘as is’. Rosalind delivers the van as promised. After a few days using the car, Raymond discovers that there seems to be a problem with the car. There is a latent defect that the seller did not know of and could not, have disclosed. Explain the effect that a voetstoots clause has in a contract of sale. In your answer advise Raymond on whether or not he will be entitled to claim a reduction of the purchase price because of the presence of the latent defect.
Q.1.3 Explain how the jurisdiction of the Supreme Court of Appeal differs from that of the Constitutional Court.
Q.1.4 Distinguish between supervening impossibility of performance and prevention of performance.
Q.1.5 Explain the differences between the following terms ‘rectification’ and ’repudiation
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