Commercial Law 1B Exam
With answers
Explain the meaning of the term "redhibition" - answer-Redhibition is a legal remedy
allowing the buyer to cancel a sale and claim a refund if the thing sold has a hidden
defect that makes it unsuitable for its intended purpose or significantly diminishes its
value.
Name the two aedilitian remedies available in our law - answer-Actio Redhibitoria: The
buyer can cancel the contract and return the defective goods for a full refund.
Actio Quantitatis (or Actio Estimatoria): The buyer can keep the goods and claim a
reduction in the purchase price (damages) for the defect
Define a latent defect - answer-A latent defect is a hidden or concealed fault in the thing
sold that is not discoverable by reasonable inspection before the sale and that
significantly impairs the use, value, or safety of the item.
Distinguish between a latent and a patent defect - answer-Latent Defect: A hidden fault
not discoverable by reasonable inspection before sale, which significantly affects the
item's use or value.
Patent Defect: A defect that is obvious or discoverable upon reasonable inspection
before sale.
Explain why merchants and manufacturers bear a greater burden in terms of which a
guarantee is given that no latent defects are present - answer-Because merchants and
manufacturers are experts who have better knowledge and control over the goods, the
law holds them to a higher standard. They are expected to ensure goods are free from
latent defects and are therefore more liable for hidden faults.
State the instances where the purchaser will not be able to claim for a latent defect -
answer-The purchaser cannot claim when:
The defect was known or obvious to the purchaser at the time of sale.
The purchaser accepted the defect or waived the right to claim.
The defect was caused by the purchaser's negligence or misuse after the sale.
The sale was made "as is" or with a disclaimer excluding liability for defects.
Explain what is a voetstoots sale - answer-A voetstoots sale is a sale where the goods
are sold "as is" or with all faults, meaning the seller does not guarantee that the goods
are free from defects, and the buyer accepts the risk of latent and patent defects.
With answers
Explain the meaning of the term "redhibition" - answer-Redhibition is a legal remedy
allowing the buyer to cancel a sale and claim a refund if the thing sold has a hidden
defect that makes it unsuitable for its intended purpose or significantly diminishes its
value.
Name the two aedilitian remedies available in our law - answer-Actio Redhibitoria: The
buyer can cancel the contract and return the defective goods for a full refund.
Actio Quantitatis (or Actio Estimatoria): The buyer can keep the goods and claim a
reduction in the purchase price (damages) for the defect
Define a latent defect - answer-A latent defect is a hidden or concealed fault in the thing
sold that is not discoverable by reasonable inspection before the sale and that
significantly impairs the use, value, or safety of the item.
Distinguish between a latent and a patent defect - answer-Latent Defect: A hidden fault
not discoverable by reasonable inspection before sale, which significantly affects the
item's use or value.
Patent Defect: A defect that is obvious or discoverable upon reasonable inspection
before sale.
Explain why merchants and manufacturers bear a greater burden in terms of which a
guarantee is given that no latent defects are present - answer-Because merchants and
manufacturers are experts who have better knowledge and control over the goods, the
law holds them to a higher standard. They are expected to ensure goods are free from
latent defects and are therefore more liable for hidden faults.
State the instances where the purchaser will not be able to claim for a latent defect -
answer-The purchaser cannot claim when:
The defect was known or obvious to the purchaser at the time of sale.
The purchaser accepted the defect or waived the right to claim.
The defect was caused by the purchaser's negligence or misuse after the sale.
The sale was made "as is" or with a disclaimer excluding liability for defects.
Explain what is a voetstoots sale - answer-A voetstoots sale is a sale where the goods
are sold "as is" or with all faults, meaning the seller does not guarantee that the goods
are free from defects, and the buyer accepts the risk of latent and patent defects.
