Answer to Question #193359 in English for ORATILE

Question

INDICATE WHETHER THE FOLLOWING STATEMENTS ARE TRUE OR FALSE

A, THE SELLER HAS TO BE THE OWNER OF THE THING SOLD IN ORDER FOR THE CONTRACT OF SALE TO BE VALID

B, INCLUDING A VOETSTOOTS CLAUSE IN A CONTRACT OF SALE HAS THE EFFECT THAT A SELLER MAY NOT BE HELD LIABLE FOR ANY DEFECTS FOUND IN THE OBJECTS OF SALE AFTER THE AGREEMENT IS CONCLUDED

C, THE CONSUMER PROTECTION ACT 68 OF 2008 IS APPLICABLE TO ALL SALES AGREEMENTS CONCLUDED IN SOUTH AFRICA

2 EXPLAIN WHY FREEDOM OF CONTRACT IS NOT ALWAYS BENEFICIAL TO ALL CONTRACTING PARTIES

Answer 1

A. True

B. True

C. True

2. Freedom of contract is not always beneficial to contracting parties because there are limitations as stipulated by contractual laws. Although each of the party might be intending to fulfil their interests, there are limitations protecting the interests of the other party. In essence, there is always need for a consensus in order for the agreement to sail through.