1
November Exam Work
DISTRIBUTION OF THIS DOCUMENT IS
ILLEGAL
Pope, A., Du Plessis, E. & Badenhorst, P. n.d. The principles of the law of property in
South Africa.
Term 3 work
Case Name Known for/keywords Outcome
(shortened)
Dreyer v AXZS Industries - Things bought at auction - Ownership did not pass
- Elements of real agreement - Authority and intention to
transfer property
Legator McKenna v Shea - Sale of house - Had authority to sell house
- Did ownership transfer? - Real agreement and
- Capacity to transfer intention
ownership
Quartermark Investments - Fraud in contract - Ownership would not pass if
- Is valid agreement enough tainted by fraud
for ownership to pass? - intention
Groenewald v van der Merwe - Threshing machine - VDM owned machine
- Who is the owner? - Pointing out and inspection
- Valid delivery - Requisite mental attitude
Oriental Products v Pegma - Estoppel - Cannot claim back ownership
- Claiming back ownership of of property
property - Misled other party and
misrepresented
Eriksen Motors - Cash and credit sales - Ownership passed
- Did ownership pass? - depends whether the totality
of the circumstances shows,
November Exam Work
DISTRIBUTION OF THIS DOCUMENT IS
ILLEGAL
Pope, A., Du Plessis, E. & Badenhorst, P. n.d. The principles of the law of property in
South Africa.
Term 3 work
Case Name Known for/keywords Outcome
(shortened)
Dreyer v AXZS Industries - Things bought at auction - Ownership did not pass
- Elements of real agreement - Authority and intention to
transfer property
Legator McKenna v Shea - Sale of house - Had authority to sell house
- Did ownership transfer? - Real agreement and
- Capacity to transfer intention
ownership
Quartermark Investments - Fraud in contract - Ownership would not pass if
- Is valid agreement enough tainted by fraud
for ownership to pass? - intention
Groenewald v van der Merwe - Threshing machine - VDM owned machine
- Who is the owner? - Pointing out and inspection
- Valid delivery - Requisite mental attitude
Oriental Products v Pegma - Estoppel - Cannot claim back ownership
- Claiming back ownership of of property
property - Misled other party and
misrepresented
Eriksen Motors - Cash and credit sales - Ownership passed
- Did ownership pass? - depends whether the totality
of the circumstances shows,
