LPL4801 - MULTIPLE CHOICE QUESTIONS..

MULTIPLE CHOICE QUESTIONS. LPL4801 - Law Of Sale And Lease. Which one of the following statemetns is INCORRECT? a) A thing which has not yet come into existence can be let b) Commodus usus always includes the right to make a profit where the lessee runs a business from the leased premises c) In certain circumstances the lessor may be liable for consequential damages resulting from a defect in the thing let d) Remission of rent may be viewed as a specific application of supervening impossibility of performanc e) The lessor must undertake to deliver a thing to the lessee for the temporary use andenjoyment in return for the payment of the rent (2) (b) pg 21 SG 1 2 According to which decision does a lessee of immovable property automatically retain a right to occupation upon a change in ownership of the property? a) De Jager v Sisana 1930 AD 71 b) Genac Properties JMB (Pty) Ltd v NBC Administrators CC 1992 (1) SA 566 (A) c) Genna-Wae Properties (Pty) Ltd v Medio-Tronics (Natal) (Pty) Ltd 1995 (2) SA 926 (A) d) Ndlovu v Ngcobo, Bekker and Anothre v Jika 20303 (1) SA 113 (SCA) e) Goldberg v Buytendag Boerdery Beleggings (Edms) Bpk 1980 (4) SA 775 (A) f) Weilbach v Grobler 1980 (3) SA 998 (O) (Nov 2012 &Nov 2013 &May 2014)(2) (c ) Cases 3 According to the Placaat of 1658 a tenant of rural land who has made improvements without the landord’s consent has a) A right to compensation for useful improvements before expiration of the lease b) A right to compensation for useful improvements after expiration of the lease before vacating the property c) A right to compensation for useful improvements after expiration of the lease after vacating the property d) A right to remove the improvements before expiration of the lease e) A right to remove the improvements after expiration of the lease (2) (c or d ) 4 Supervening impossibility of performance finds concrete expression in the law of lease in the guise of a) The Placcat of 1658 b) The lessor’s hypothec c) Remission of rent d) The huur gaat voor koop rule e) None of the above f) The duty to give vacuo possessio (May 2011 &May 2014) (2) (c) 5 Goldberg v Buytendag Boerdery Beleggings (Edms) Bpk 1980 (4) SA 775 (A) applies the general contractual principles applicable to a) Repudiation b) Mora debitoris c) Mora creditoris d) Positive malperformance e) Specific performance (Nov 2012) (2) (b) Cases 6 Tina and Maphela agree orally that Tina will lease her beaty salon to Maphela on condition that Maphela will give Tina 2 spa days per month, as rent Which one of the following statements is CORRECT? A) No contract of lease will come into being, because the amount of the rent is not certain or ascertainable B) No contract of lease will come into being if it is agreed that maphela’s occupation of the beauty salon is permanent C) No contract of lease will come into being, because the rent must sound in money, that is the lessee must compensate the lessor with money D) No contract of lease will come into being, because the agreement relates to immovable property and is not embodied in written documents E) No contract of lease will come into being, because the parties did not specify where payment must be made (2) 7 Which ONE of the following agreements meets the requirements for a valid contract of lease? Check each statement against the requirements for a valid lease a) Harry may make use of Justin’s garage when Justin’s car is not in the garage b) Harry may, if he wishes, demolish Justin’s garage and build a carport c) In return for using Justin’s garage, Harry will walk Justin’s Alsatian dog every day d) Harry may make use of Justin’s garage door to advertise his motor repair business in exchange for R300 per month e) Harry may make use of Justin’s garage to sell homebrewed alcohol (2) 8 Mike wishes to let one of his petrol stations to his son, Guy. Which ONE of the following terms may be included in the contract of lease without changing the nature or validity of the contract of lease? a) A term in which Guy agrees to pay his father twenty percent of the profit of his (Guy’s) clothing store as rent b) A term giving Guy the rent-free use of the petrol station c) A term giving Guy the permanent use and enjoyment of the petrol station d) A term which allows Guy to conduct a gambling at the back of the petrol station e) A term giving Guy use and enjoyment of the petrol station until Mike’s death (2) 9 Shanon leases premises with a large hall from the Methodist Church from where she plans to run a Boot Camp centre. A month after moving into the premises Shanon notices large diagonal cracks appearing on the hall floor. Which one of the following statements is CORRECT. a) As the lessee Shanon is responsible for having the hall floors repaired, because there was nothing wrong with the hall when she moved in b) The Methodist Church will not be liable for any damages Shanon might suffer, because they delivered the premises with the hall in a condition fit for the purpose for which it was leased. c) As the lessee Shanon has a right to the delivery and maintenance of the premises in a condition which is reasonably fit for the purpose for which it was leased d) Shanon will only be liable for paying rent when the premises are in a condition fit for the purpose for which it was leased e) Shanon should have made it clear that she wanted premises with a hall floor without cracks at the time of conclusion of the contract. (Nov 2011 &Nov 2012) (2)(c ) 10 Which one of the following statements is CORRECT? a) No formalities are required for the conclusion of a valid contract of lease unless prescribed by statute b) A long lease can be described as a lease which has been entered into for a period of not less that five years c) The Rental housing Act 50 of 1999 is aimed at the protection of lessors against exploitation and victimisation by lessees d) The Formalities in respect of Leases of Land Act 18 of 1969 provides that a long lease must be registered e) A lessee may be evicted whenever it suits the lessor. (Nov 2012) (2) (a) 11 Which one of the following statements is CORRECT? a) The undertaking to deliver a thing and the undertaking to pay a price are the two essentialia of a contract of sale b) If one of the essentialia of a sale is absent in a contract, the contract is always invalid c) A valid contract of sale only comes into being once the contract of sale is perfecta d) A valid contract only comes into existence once the purchase price has been paid and the thing sold has been delivered 1. (a) 2. (a) and (b) 3. (a) and (c) 4. (a) and (d) 5. All the statements (May 2012 &May 2014) (2) (1) 12 Cindy ordes an outdoor hammock from Frans for R5 000, the parties agree that Frans will make the hammock from iron and canvas material that Frans will provide. This is an example of a) A sale of a group of things at a price per unit (emptio ad mensuram) b) A sale of future thing (emptio rei speratae) c) A sale of a pure chance (emptio spei) d) A contract for the lettting and hiring of work (locatio conductio operis) e) A contract for the hiring of services (locatio conductio operarum) (2)( d) pg.13 SG2 13 Otto buys from Sally all the oats in specific silo at R5 per kilogram. This sale is an example of a) A sale per quantitatem b) A sale ad corpus c) A sale ad mensuram d) An alternative sale e) A generic sale (2) (c ) pg. 7 & 88 SG2 14 Various solutions are proposed where a third party who has to determine the price, fixes an unreasonable price. Which one of th efollowing options is the most correct solution. Do not apply the Consumer Protection Act 68 of 2008 a) The contract of sale is valid, notwithstanding the unfair price b) The contract of sale is valid except where there was mala fides, fraud, error or collusion c) The contract of sale is valid but the aggrieved party may approach the court to correct the price and the parties are bound by the court’s decision d) The contractof sale is valid but the aggrieved party may approach the court to correct the price but the other party may elect whether or not to abide by the court’s determination e) The contract of sale is valid because the price must be reasonable (2) (d) pg. 12 SG2& 15 Which one of the following statements on section 2(1) of the Alienation of Land Act 68 of 1981 is INCORRECT a) Signing a deed of alienation with initials is a valid signature b) A street address is sufficient to identify the land in a deed of alienation c) a term which only contains information need not be in writing in a deed of alienation d) A principal can validly ratify a deed of alienation which was entered into by a person who did not have the necessary written authority when he signed the deed of alienation e) A refernce to the popular name of the property is suffient to identify the land in a deed of alienation f) The purchaser is entitled to cancel the contract within the cooling off period h) For a deed of alienation to be rectified it must prima facie comply with the requirements of the Act (Nov 2011 &Nov 2012) (2) (d) pg. 25 SG2 16 The “cooling-off” right in section 29(A) of the Alienation of Land Act 68 of 1981 applies where a) The purchase price of the land or the price offered for the land exceeeds R250 000 b) The purchase price of the land or the price offered for the land is below R250 000 c) The purchases or prospective purchaser is a trust d) The purchaser or prospective purchaser is a company e) The purchaser has purchased the land at a publicly advertised auction. (2)(b) pg 34 17 In which case did the court decide that the aedilitian remedies were NOT available to the seller for dicta et promissa made by the purchaser regarding the trade-in? a) Janse van Rensburg v Grieve Trust CC 2000 (1) SA 1315 © b) Mountbatten Investments (Pty) Ltd v Mahomed 1989 (1) SA 172 (D) c) Phame (Pty) Ltd v Paizes 1973 (3) SA 387 (A) d) Holmdene Brickworks (Pty) Ltd b Roberts Construction Co Ltd 1977 (3) 670 (A) e) Kroonstad WestelikeBoere-Ko-operatieweVerenigingBpk v Botha 1964 (3) SA 561 (Nov 2013 May 2014) (2) 18 What does the voetstoots clause protect the seller against? a) Latent defects b) Positive negligent misrepresentation c) Positive innocent misrepresentation d) A dictum et promissum e) Breach of warranty (Nov 2013 May 2014) (2) (a) pg 57 sg2 19 Vicky sells her second-hand microwave over to Karen for R2 000 on 1 November. The parties agree that Vicky has to deliver the microwave oven on 5 November and that Karen must pay the purchase price on 31 December. Vicky delivers the microwave oven on 5 November and Karen pays the R2 000 on 31 December. Which one of the following statements is CORRECT? a) Ownership of the microwave oven passed to Karen on 1 November, because the contract of sale was concluded on that date b) Ownership of the microwave oven passed to Karen on 1 November, because the contract of sale was perfecta on that date c) Ownership of the microwave oven passed to Karen on 5 November, because the microwave oven was delivered to Karen on that date d) Ownership of the microwave oven passed to Karen on 5 November, because the microwave oven was delivered to Karen on that date and the contract of sale was a credit sale e) Ownership of the microwave oven passed to Karen on 31 December, because the purchase price was paid on that date and the contract of sale was a cash sale (Nov 2012)(2) (d ) pg 68 – 70 sg2 20 THE FOLLOWING FACTS APPLY TO QUESTIONS 20-22 Theo sells his motor vehicle to Hannah for R70 000. The vehicle is to be delivered to her at the end of the month. The agreement is subject to Hannah obtaining a loan from her bank in the amount of the purchase price. Which Theo and Hannah await the bank’s decision the vehicle is damaged in a hail storm when Theo is driving home with it. 20. Which ONE of the following statements is CORRECT? a) The sale is not perfecta because it is subject to a suspensive condition b) The sale is perfecta even though it is subject to a suspensive condition c) The Sale is not perfecta because it is subject to a resolutive condition d) The sale is perfecta even though it is subject to a resolutive condition e) None of the above (Nov 2013)(2) (a) pg 90 sg 2 21 What would the consequence be if Hannah obtains the loan after the motor vehicle was damaged? Don not apply the Consumer Protection Act 68 of 2008 a) Hannah bore the risk of accidental destruction until the loan was granted b) Theo bore the risk of accidental destruction until the loan was granted c) Hannah bore the risk of accidental destruction only after the loan was granted d) Theo bore the risk of accidental destruction after the loan was granted e) None of the above (Nov 2013) (2) 22 If the Consumer Protection Act 68 of 2008 applied to the facts when would the risk have passed to Hannah? a) When Theo tenders delivery of the vehicle b) When Theo delivers the vehicle at Hannah’s house c) When Theo delivers the vehicle at Hannah’s house and has taken reasonable steps to confirm delivery with her d) When it comes to Hannah’s attention that the vehicle has been delivered e) When Hannah accepts delivery of the vehicle (Nov 2013) (2) 23 Which of the following is (are) required to establish liability under the warranties of quality in terms of sections 55 to 57 of the Consumer Protection Act 68 of 2008? a) The defect was latent b) The defect was patent c) The consumer could NOT have detected the defect before taking delivery of the goods d) The consumer could have detected the defect before taking delivery of the goods 1 (a) 2 (b) 3 (a) and (c) 4 (b) and (d) 5 none of the above (May 2014) (2) 24 Section 14 of the Consumer Protection Act 68 of 2008 is applicable to fixed term contracts governed by the Act. Which ONE of the following options is CORRECT? a) A fixed term contract may never be longer than 24 months b) A fixed term contract may not be longer than 24 months, nuless such longer period was expressly agreed with the consumer. c) A fixed term contract may not be longer than 24 months, unless the supplier can show a demonstrable financial benefit to the consumer d) A fixed term contract may not be longer than 24 months, unless such longer period was expresly agreed with the consumer and the supplier can show a demonstrable financial benefit to the consumer e) None of the above (2) 25 The primary purpose of the Consumer Protection Act 68 of 2008 is to protect a) the State b) traders or businesses c) consumers d) employers e) employees (May 2014) (2) MAY 2014 1 Which one of the following statements is CORRECT? a) The undertaking to deliver a thing and pay the rent and to return the leased thing once the lease period has expired are the essentialia of a contract. b) If one of the essentialia of a lease is absent in a contract, the contract is always void c) A valid contract of lease only comes into being once the contract of sale is perfecta d) A valid contract only comes into existence once the rent has been paid and the leased thing sold has been delivered 6. (a) 7. (a) and (b) 8. (a) and (c) 9. (a) and (d) 10. All the statements (2) 2 Thabang leases Mimi’s house for one year in terms of their contract. Thabang has to pay the rent of R5 000 in advance on the first day of the month. After expiry of the lease Thabang stays in occupation of the house and continues to pay the rent on the first day of the month. Mimi accepts payment of the rent on every occasion Mimi wishes to terminate the lease and gives Thabang a month’s notice on the first day of the month. You should also take the provisions of the Rental Housing Act 50 of 1999 into account when answering this question. Which of the following statement(s) is (are) CORRECT a) Mimi may terminate the lease at any time after expiry of their initial lease as no valid contract of lease in now in existence b) Mimi may not claim eviction of Thabang because Thabang and Mimi concluded a tacit contract of lease for an indefinite period after expiry of their initial lease c) Thabang and Mimi concluded a tacit contract of lease for one year after expiry of their initial contract. d) Mimi may terminate their tacit contract of lease by giving reasonable notice thereof to Thabang 1 (b) and (c) 2 © and (d) 3 (a) 4 (b) 5 (d) (May 2013 &Nov 2013) (2) 3 Thabang leases Mimi’s small holding for one year for R6 000 per month. Thabang permanently stays on the small holding. Which goods are NOT subject to Mimi’s tacit hypothec? a) Thabang’s money in the safe in the house on the small holding b) Thabang’s furniture in the house where Thabang stays c) The guard dog which Thabang’s brother lent to Thabang for use while Thabang is on the small holding d) The paintings which Thabang’s sister stored in the shed on the small holding while she is overseas for six months e) The jewellery belonging to Thabang’s subtenant who leases the cottage on the small holding from Thabang until Thabang’s lease expires and who is in arrear with his rent (May 2013 &Nov 2013) (2) 4 Jane and Roger enter into an agreement that Jane will make use of Roger’s hair salon to sell nail products Which ONE of the following terms may the parties include in their contract of lease and still have a valid lease? a) Jane may use Roger’s store and Jane need not pay any rent as they are friends b) Jane may use Roger’s store for any other purpose as long as she keeps the store in good condition c) Jane may use the store permanently because Roger does not intend using it for business again d) Jane may pay Roger twenty percent of the profit she makes from the store every month as rent e) Jane may use Roger’s store to sell marijuana (2) 5 Thane leases Megan’s house for one year. Thane reports a broken security gate to Megan. Megan informs Thane that she will attend to the matter. Megan arrives at the house two days later while Thane and his family are having supper. She asks Thane whether she may repair the security gate, but Thane refuses her entry to the house. You should also take the provisions of the Rental Housing Act 50 of 1999 into account when answering this question. Which one of the following statements is CORRECT a) Thane may validly refuse to allow Megan entry to the house, because the repair of the security gate is not urgent b) Thane may validly refuse to allow Megan entry to the house, because he wants to get an electrician out himself to fix the security gate and deduct the cost from the rent c) Thane would commit breach of contract by refusing Megan entry to the house if she gave reasonable notice to Thane of her intended visit to repair the security gate d) A broke security gate is a structural defect e) None of the above (May 2013) (2) 6 Saro leases a house with a large pool from Liliane from where she plans to run a water aerobics centre. A month after moving into the premises Saro notices large diagonal cracks appearing on some of the pool walls. Which one of the following statement is CORRECT a) As the lessee Saro is responsible for having the pool walls repaired, because there was nothing wrong with the pool when she moved in b) Liliane will not be liable for any damages Saro might suffer, because she delivered the premises in a condition fit for the purpose for which it was leased c) As the lessee Saro has a right to the delivery and maintenance of the premises in a condition which is reasonably fit for the purpose for which it was leased d) Saro will only be liable for paying rent when the premises are in a condition fit for the purpose for which it was leased e) Saro should have made it clear that she wanted a house with a pool without cracks at the time of conclusion of the contract (Nov 2013 )(2) (c) 7 In Goldberg v Buytendag Boerdery Beleggings (Edms) Bpk 1980 (4) SA 775 (A the court a) Found that the occupier did not acquire a real right b) Confirmed that the condition in which the thing is delivered must be in accordance with the provisions of the lease c) Held that the penalty provisions of article 9 of the Placcat of Holland of September 1958 do not apply in South Africa d) Held that a lessee of immovable property automatically retains a right to occupation upon a change in owership of the property e) Applied the general contractual principles applicable to mora debitoris where the lessee failed to pay the rent (May 2013)(2) (e ) Cases 8 In terms of article 12 of the Placaat of Holland of September 1658 a tenant of rural property who effects improvements to the property without the owner’s permission a) May claim compensation for necessary improvements b) May claim compensation for useful improvements c) May claim compensation for necessary improvements and useful improvements, but not luxurious improvements d) May remove the improvements irrespective of its nature AFTER expiration of the lease e) May remove the improvements irrespective of its nature BEFORE expiration of the lease (Nov 2013) (2) 9 Paul “buys” a bookcase from Sias which Sias has to manufacture from Paul’s wood for R7 000 what type of contract do the parties conclude? f) A contract of exchange g) A sale of future thing (emptio rei speratae) h) A sale of a pure chance (emptio spei) i) A contract for the lettting and hiring of work (locatio conductio operis) j) A contract for the hiring of services (locatio conductio operarum) (May 2013)(2)(I) PG. 13 SG2 10 Which of the following things CAN constitute the subject of a valid contract of sale? a) The next calf of a specific cow which is not in calf at present b) Either the horse Wildest Fancy or the horse Fancy Bess c) The cat of the seller’s neighbor d) A sectional title flat e) All of the above (2) 11 Which of the following things can constitute the subject of a valid ORAL contract of sale? a) Your next harvest b) A claim c) Marijuana d) Your apartment in Margate e) Your neighbors house 1 (a), (b) and (d) 2 (a) and (d) 3 (a) and (b) 4 (a) 5 (d) (Nov 2012) (2) (3) 12 Otto wants to buy 5 000 bricks from Build and Brick Suppliers. Which of the following will NOT qualify as a valid purchase price? a) 1 ton of cement b) 1 year of advertising space in Architecture SA Magazine c) The amount of money determined by Hein, a financial adviser d) All of the above e) A and B (Nov 2012) (2) 13 The “cooling-off” right in section 29(A) of the Alienation of Land Act 68 of 1981 is available to the purchaser in the following instance(s) a) A share in a share block company as defined in the Share Blocks Control Act 59 of 1980 b) The sale of a house on a publicly advertised auction c) The sale of a house for a price of R1 200 000 by a trust d) The sale of a farm e) A and C (May 2013)(2)(d) pg34 14 Hannah buys a chocolate cake for R300 from Jaco, the owner of the “Dream Bakery” Jaco bakes all the cakes that he ales on the premises himself. Hannah contracts food poisoning from eating the cake and has to receive medical treatment in hospital, Hannah wants to claim repayment of the purchase price (R300) from Jaco. What is the basis of the claim with which Hannah has to reclaim the purchase price? a) Eviction b) Latent defects c) Ownership d) The risk rule e) The seller’s duty to take care of the chocolate cake until delivery (2) 15 Which one of the following in NOT a requirement for a latent defect? a) The defect must be in the article b) The defect must not be insignificant c) The defect must be latent d) The seller must have known of the defect e) The defect must have existed at the time when the contract was entered into (Nov 2012) (2) (d) pg. 52 16 A clause in a contract of sale excluding the seller from liability for eviction will not preclude a claim by the purchaser for a) Restitution b) General damages c) Special damaged d) Specific damages e) General and special damages f) Exemplary damages (May 2011&Nov 2012) (2) (a) 17 Susan sells her second-hand carto Patricia for R50 000 on 5 May. The parties agree that Susan has to deliver the car on 10 May and thatPatricia must pay the purchase price on 15 May. Susan delivers the car on 10May and Patricia pays the R50 000 on 15 May. Which one of the following statements is CORRECT? a) Ownership of the car passed to Patricia on 5 May, because the contract of sale was concluded on that date b) Ownership of the car passed to Patricia on 5 May, because the contract of sale was perfecta on that date c) Ownership of the car passed to Patricia Karen on 10 May, because the car was delivered to Patricia on that date d) Ownership of the car passed to Patricia on 10 May, because the car was delivered to Patricia on that date and the contract of sale was a credit sale e) Ownership of the car passed to Patricia on 15May, because the purchase price was paid on that date and the contract of sale was a cash sale (2) (d ) pg 68 -70 sg2 18 Which ONE of the following statements is CORRECT? a) The causal system of transfer of ownership applies in South Africa b) A purchaser who neglects to take delivery of the thing sold when he is obliged to do so falls into moracreditoris c) Once the contract of sale is perfecta, the purchaser carried the risk of any accidental misfortune which may befall the thing sold, but any benefit accruing to the thing befalls the seller. d) Modern authorities concur that individualization of the thing sold should be bilateral e) Only the owner of a thing may validly sell it (Nov 2013 )(2) (b) pg 83 sg2 NOVEMBER 2013 1 Benoit and Lorraine agree orally that Benoit will lease his vineyards to Lorraine on condition that Lorraine will annually give 10 percent of the grapes produced by her to Benoit, as rent. Which ONE of the following statements is CORRECT? a) No contract of lease will come into being, because the amout of the rent is not certain or ascertainable b) No contract of lease will come into being, because the rent must sound in money, that is the lessee must compensated the lessor with money. c) No contract of lease will come into being if is is agreed that Lorraine’s stay on the farm is permanent d) No contract of lease will come into being, because the agreement relates to immovable propperty e) No contract of lease will come into being, because the agreement relates to immovable property and is not embodied in a written documents. (2) 2 X hired from Y certain premises for a period of 2 years for the purpose of conducting a health and pleasure resort thereon. Y undertook to transfer the trading licence in respect of the premises and duly did so After 1 year the licensing board refused to renew the licence unless substantial structural alterations and additions are required in terms of by-laws promulgated that month were made. Y refused to carry out the alterations at which point X stopped paying the monthly rental. Why is X entitled to stop paying the rent? a) Because Y breaches the lease agreement b) Because structural changes to the leased premises form part of the lessor’s obligation c) Because Y fails to maintain the leased premises in the condition in which they were when the contract was concluded d) Because X does not have full use and enjoyment of the leased thins. e) Because the Rental Housing Act 50 of 1999 entitles X to do so. (2) 2 The rule involved in your answer to question 2 is an expression of a general contractual principle applicable to all contracts and not only the contract of lease. What is this rule? a) Repudiation b) Mora debitoris c) Mora creditoris d) Positive malperformance e) Supervening impossiblility of performance (2) 3 T leases business premises from L for the purpose of running a casino, which is prohibited by legislation. The rent is R100 000 per month payable in advince, and in addition T is required to pay an exorbitant deposit of R1 000 000 upon the signing to the agreement. T proceeds to spend a further R1 000 000 decorating thre premises and, cash-strapped, he opens the casino before a gambling license has been granted to him. Within a week the police close down the casino for being an illegal gambling house and susequetly T’s application for a bambling license is also truned down. T wants his first month’s rent and deposit returned as well as compensaion for improvments he effected to the property. L refuses to pay T a cent and avers that the contract is completely valid. Which rule prohibits either of the parties from instituting an action based on the contract a) Supervening impossibility of performance b) impossibility of performance c) ex turpi causa non oritur actio d) in pari delicto e) positive malperformance (2) 3 Christian leases his house to Celia for R15 000 per month. The rental includes payment in respect of water and electricity consumption. The power sully to the house is cut off because Christian did not pay the account in respect of water and electricity. At the end of the month, Celia refuses to pay the rent, she alleges that she has suffered damage because all the meat in her freezer was spoilt when the power supply was cut off. Which ONE of the following statements is INCORRECT a) Celia is liable for the rnt until she vacates the property b) Celia is entitle to claim a reduction in the rent c) Christian is entitled to summarily sell any movable property in the house in order to recover the outstanding rent d) Christian must replace the meat that Celia lost (2) 4 Which one of the following statements is CORRECT? a) The delivery of a thing and the payment of the price are the two essentialia of a contract of sale b) The undertaking to deliver a thing by the owner and the undertaking to pay a price by the purchaser are the two essentialia of a contract of sale c) A valid contract of sale only comes into being once the contract of sale is perfecta d) A valid contract only comes into existence once the purchase price has been paid and the thing sold has been delivered e) None of the above.