KTH Food Handler Manager Review: Questions &
Answers :Latest Updated
GENERAL FORMALITIES - ANSWERformalities = external general/ visible from
required for specific contract
- general rule of common law is that there are no formalities required for a valid or
enforceable contract of sale
- certain statutory formalities are required for sale or purchase and sale of
immovable property
- parties themselves may also ( where there are no statutory formalities) agree to
certain formalities for their contract
- two reasons why a contract with agreed formalities would exist:
1) contract will only be valid after the formalities are complied with or
2) formalities ( such as writing it down) will serve as proof of an existing contract, in
which case a valid contract already exists before formalities are complied with
- written contract need not be a formal document it can be an invoice
the formalities applicable to contracts of purchase and sale of land in terms of
section 2(1) of the Alienation of Land Act 68 of 1981 ("ALA") - ANSWERsec 2(1) of
ALA = no alienation of land after the commencement of this section ( 19 Oct 1982)
shall , subject to the provisions of sec 28 be of any force or effect unless it is
contained in a deed of alienation signed by the parties thereto or by their agents
acting on their written authority
Electronic communications and transactions Act sec 4(4) - ANSWERno deed of
alienation of land can be concluded by electronic means ex email, sms
exceptions to the requirement that the agent must have written authority -
ANSWERagents acting without written authority
public auction
agents who dont need written authority - ANSWERa) where the agent is acting with
regard to a pre-incorporation contract of a company or close corporation not yet
allocated
b) where a partner acts on behalf of the partnership
c) where a person is by operation of law authorized to act o.b.o another person ex
parent
d) where functionaries or organs act o.b.o company
no written authority needed for public auction - ANSWER- none of the formalities
required for the sale of land is necessary where the sale is by public auction
- such a sale is complete not on subsequent acceptance of conditions of sale but on
property being knocked down to the highest bidder
, concept of alienate - ANSWERmeans to sell , exchange or donate , irrespective of the
fact that it is subject to a suspension or resolutive conditions and alienation has a
corresponding meaning
concept of land - ANSWERland includes the following:
1) any unit thus this same requirements have to be met where sectional property is
sold
2) any right to claim and transfer land
3) any undivided share in land and
4) also any interest in land except a right or interest registered or which can be
registered i.t.o registration of mining titles Act
concept of deed of alienation - ANSWERdescribed as a document/s i.t.o which land is
alienated and has a wider meaning than contract
- an interest in land will, inter alia, include habitation usus and usustractus
the statutory formalities that apply to the alienation of sectional title units,
timeshare interests and shares in a share block scheme - ANSWERhousing
development schemes for retired persons Act
General law amendments Act Sec 5
housing development schemes for retired persons Act - ANSWER- provides that for
the alienation of housing interest to persons of 50 years and older
- similarly to shareblock and timeshare schemes
General law amendment Act sec 5 - ANSWERno donation concluded after 22 June
1956 shall be invalid merely because it is not registered or notarially executed,
provided that it is embodied in a written document , signed by the donor or his/her
agent acting i.t.o a written authority in the presence of 2 witnesses
- this Act only applies to so-called real donations = donations made from pure
generosity and unselfish Goodwill.
-donation = one-sided contract concluded with the intention of impoverishing the
donor and enriching the beneficiary. as soon as counter performance is required
from the beneficiary it is not a real donation
- only inter vivos donations not mortis causa donations
the aim of statutory requirements - ANSWERa) to prevent disputes regarding
content of a contract
b) to prevent any uncertainties regarding the content of the contract; and
c) to prevent malpractice
the requirement that a contract of sale of land - ANSWER- general requirement
1.WRITING
2. CLEAR DESCRIPTION OF THE THING SOLD
3. PURCHASE PRICE
4. EFFECT OF BLANK SPACES
5. POSSIBILITY OF RECTIFICATION
Answers :Latest Updated
GENERAL FORMALITIES - ANSWERformalities = external general/ visible from
required for specific contract
- general rule of common law is that there are no formalities required for a valid or
enforceable contract of sale
- certain statutory formalities are required for sale or purchase and sale of
immovable property
- parties themselves may also ( where there are no statutory formalities) agree to
certain formalities for their contract
- two reasons why a contract with agreed formalities would exist:
1) contract will only be valid after the formalities are complied with or
2) formalities ( such as writing it down) will serve as proof of an existing contract, in
which case a valid contract already exists before formalities are complied with
- written contract need not be a formal document it can be an invoice
the formalities applicable to contracts of purchase and sale of land in terms of
section 2(1) of the Alienation of Land Act 68 of 1981 ("ALA") - ANSWERsec 2(1) of
ALA = no alienation of land after the commencement of this section ( 19 Oct 1982)
shall , subject to the provisions of sec 28 be of any force or effect unless it is
contained in a deed of alienation signed by the parties thereto or by their agents
acting on their written authority
Electronic communications and transactions Act sec 4(4) - ANSWERno deed of
alienation of land can be concluded by electronic means ex email, sms
exceptions to the requirement that the agent must have written authority -
ANSWERagents acting without written authority
public auction
agents who dont need written authority - ANSWERa) where the agent is acting with
regard to a pre-incorporation contract of a company or close corporation not yet
allocated
b) where a partner acts on behalf of the partnership
c) where a person is by operation of law authorized to act o.b.o another person ex
parent
d) where functionaries or organs act o.b.o company
no written authority needed for public auction - ANSWER- none of the formalities
required for the sale of land is necessary where the sale is by public auction
- such a sale is complete not on subsequent acceptance of conditions of sale but on
property being knocked down to the highest bidder
, concept of alienate - ANSWERmeans to sell , exchange or donate , irrespective of the
fact that it is subject to a suspension or resolutive conditions and alienation has a
corresponding meaning
concept of land - ANSWERland includes the following:
1) any unit thus this same requirements have to be met where sectional property is
sold
2) any right to claim and transfer land
3) any undivided share in land and
4) also any interest in land except a right or interest registered or which can be
registered i.t.o registration of mining titles Act
concept of deed of alienation - ANSWERdescribed as a document/s i.t.o which land is
alienated and has a wider meaning than contract
- an interest in land will, inter alia, include habitation usus and usustractus
the statutory formalities that apply to the alienation of sectional title units,
timeshare interests and shares in a share block scheme - ANSWERhousing
development schemes for retired persons Act
General law amendments Act Sec 5
housing development schemes for retired persons Act - ANSWER- provides that for
the alienation of housing interest to persons of 50 years and older
- similarly to shareblock and timeshare schemes
General law amendment Act sec 5 - ANSWERno donation concluded after 22 June
1956 shall be invalid merely because it is not registered or notarially executed,
provided that it is embodied in a written document , signed by the donor or his/her
agent acting i.t.o a written authority in the presence of 2 witnesses
- this Act only applies to so-called real donations = donations made from pure
generosity and unselfish Goodwill.
-donation = one-sided contract concluded with the intention of impoverishing the
donor and enriching the beneficiary. as soon as counter performance is required
from the beneficiary it is not a real donation
- only inter vivos donations not mortis causa donations
the aim of statutory requirements - ANSWERa) to prevent disputes regarding
content of a contract
b) to prevent any uncertainties regarding the content of the contract; and
c) to prevent malpractice
the requirement that a contract of sale of land - ANSWER- general requirement
1.WRITING
2. CLEAR DESCRIPTION OF THE THING SOLD
3. PURCHASE PRICE
4. EFFECT OF BLANK SPACES
5. POSSIBILITY OF RECTIFICATION
