LPL4801 / LPL4805 — Law of Sale, Lease & Notarial Practice
University of South Africa (UNISA) |
LPL4801 / LPL4805 LAW OF SALE AND LEASE & NOTARIAL PRACTICE |
COMPREHENSIVE EXAM PREP PACK | KEY TERMS, CASE SCENARIOS,
MODEL ANSWERS & EXAM TIPS | UNISA LLB | 2026
UNIVERSITY OF SOUTH AFRICA
COLLEGE OF LAW
LPL4801 / LPL4805
LAW OF SALE AND LEASE / NOTARIAL PRACTICE
SAMPLE EXAMINATION & STUDY GUIDE
MODULE LPL4801 (Law of Sale and Lease) | LPL4805 (Notarial
Practice)
DURATIO 3 Hours | Closed Book | Start promptly when instructed
N
TOT 100 Marks | All questions must be answered unless
AL otherwise stated
MAR
KS
INSTRU Answer in full sentences. Refer to relevant legislation and
CTIO case law where applicable.
NS
THIS IS A SAMPLE / PRACTICE DOCUMENT FOR STUDY PURPOSES ONLY
LPL4801/LPL4805 Sample Study Pack | For educational use only Page
,LPL4801 / LPL4805 — Law of Sale, Lease & Notarial Practice
University of South Africa (UNISA) |
SECTION A — KEY TERMINOLOGY & DEFINITIONS
Familiarise yourself with the following terms, which appear frequently in examination
questions.
A1. Law of Sale (Emptio Venditio)
Term / Concept Definition / Explanation
Emptio venditio The contract of sale under Roman-Dutch law; a
bilateral agreement whereby the seller
(venditor) transfers ownership of a thing and the
buyer (emptor) pays the agreed price.
Merx (res vendita) The thing sold. It must be certain or
ascertainable, exist at time of sale (or be future),
and be a lawful object of commerce.
Pretium (purchase The price must be in money (certum), genuinely
price) agreed upon, not illusory, and either certain or
determinable by an objective standard.
Voetstoots clause A contractual term excluding the seller's liability for
latent defects. Ineffective against a seller who
fraudulently conceals a defect.
Latent defect A defect that is hidden, not discoverable by
reasonable inspection, existed at time of sale, and
renders the thing less fit for purpose.
Patent defect A visible or easily discoverable defect known or
easily knowable to the buyer on reasonable
examination.
Aedilitian actions Two remedies for latent defects: actio
redhibitoria (rescission) and actio quanti minoris
(reduction in price).
Actio redhibitoria Roman law action allowing the buyer to cancel
the sale and recover the purchase price when a
latent defect is present.
Actio quanti minoris Action to reduce the purchase price
proportionately to the diminished value caused by
the latent defect.
LPL4801/LPL4805 Sample Study Pack | For educational use only Page
, LPL4801 / LPL4805 — Law of Sale, Lease & Notarial Practice
University of South Africa (UNISA) |
Periculum rei Risk in the sold thing. Under Roman-Dutch law
venditae risk passes to the buyer on conclusion of a
perfecta sale, before delivery.
Perfecta sale A sale is perfecta (perfect/complete) when res,
pretium, and consensus are in place and the
merx is a specific thing.
Suspensive condition A condition that suspends the operation of the
contract until the uncertain future event occurs.
Resolutive condition A condition that dissolves an already operative
contract if the uncertain future event occurs.
Warranty against The seller's duty to protect the buyer from being
eviction deprived of possession or ownership by a third
party with a better legal title.
Ius in re aliena A limited real right in another's property (e.g.,
servitude, mortgage) that may burden
transferred property.
LPL4801/LPL4805 Sample Study Pack | For educational use only Page
University of South Africa (UNISA) |
LPL4801 / LPL4805 LAW OF SALE AND LEASE & NOTARIAL PRACTICE |
COMPREHENSIVE EXAM PREP PACK | KEY TERMS, CASE SCENARIOS,
MODEL ANSWERS & EXAM TIPS | UNISA LLB | 2026
UNIVERSITY OF SOUTH AFRICA
COLLEGE OF LAW
LPL4801 / LPL4805
LAW OF SALE AND LEASE / NOTARIAL PRACTICE
SAMPLE EXAMINATION & STUDY GUIDE
MODULE LPL4801 (Law of Sale and Lease) | LPL4805 (Notarial
Practice)
DURATIO 3 Hours | Closed Book | Start promptly when instructed
N
TOT 100 Marks | All questions must be answered unless
AL otherwise stated
MAR
KS
INSTRU Answer in full sentences. Refer to relevant legislation and
CTIO case law where applicable.
NS
THIS IS A SAMPLE / PRACTICE DOCUMENT FOR STUDY PURPOSES ONLY
LPL4801/LPL4805 Sample Study Pack | For educational use only Page
,LPL4801 / LPL4805 — Law of Sale, Lease & Notarial Practice
University of South Africa (UNISA) |
SECTION A — KEY TERMINOLOGY & DEFINITIONS
Familiarise yourself with the following terms, which appear frequently in examination
questions.
A1. Law of Sale (Emptio Venditio)
Term / Concept Definition / Explanation
Emptio venditio The contract of sale under Roman-Dutch law; a
bilateral agreement whereby the seller
(venditor) transfers ownership of a thing and the
buyer (emptor) pays the agreed price.
Merx (res vendita) The thing sold. It must be certain or
ascertainable, exist at time of sale (or be future),
and be a lawful object of commerce.
Pretium (purchase The price must be in money (certum), genuinely
price) agreed upon, not illusory, and either certain or
determinable by an objective standard.
Voetstoots clause A contractual term excluding the seller's liability for
latent defects. Ineffective against a seller who
fraudulently conceals a defect.
Latent defect A defect that is hidden, not discoverable by
reasonable inspection, existed at time of sale, and
renders the thing less fit for purpose.
Patent defect A visible or easily discoverable defect known or
easily knowable to the buyer on reasonable
examination.
Aedilitian actions Two remedies for latent defects: actio
redhibitoria (rescission) and actio quanti minoris
(reduction in price).
Actio redhibitoria Roman law action allowing the buyer to cancel
the sale and recover the purchase price when a
latent defect is present.
Actio quanti minoris Action to reduce the purchase price
proportionately to the diminished value caused by
the latent defect.
LPL4801/LPL4805 Sample Study Pack | For educational use only Page
, LPL4801 / LPL4805 — Law of Sale, Lease & Notarial Practice
University of South Africa (UNISA) |
Periculum rei Risk in the sold thing. Under Roman-Dutch law
venditae risk passes to the buyer on conclusion of a
perfecta sale, before delivery.
Perfecta sale A sale is perfecta (perfect/complete) when res,
pretium, and consensus are in place and the
merx is a specific thing.
Suspensive condition A condition that suspends the operation of the
contract until the uncertain future event occurs.
Resolutive condition A condition that dissolves an already operative
contract if the uncertain future event occurs.
Warranty against The seller's duty to protect the buyer from being
eviction deprived of possession or ownership by a third
party with a better legal title.
Ius in re aliena A limited real right in another's property (e.g.,
servitude, mortgage) that may burden
transferred property.
LPL4801/LPL4805 Sample Study Pack | For educational use only Page
