Tag archives: Agreement of sale

Passing of risk in sale (express term)

By Patrick Bracher (ZA) on April 13, 2017 Posted in General

The plaintiffs sued the defendant for the purchase price of a buffalo which died during an operation to test it for diseases as part of the sale. It was found that a sale agreement had been concluded in which the defendant expressly agreed to assume the risk of death or injury to the buffalo arising … Continue reading

Sale subject to unfulfilled suspensive conditions is not a sale

By Patrick Bracher (ZA) on September 3, 2015 Posted in General

In a dispute over the right to develop a property the developer claimed a right in terms of an agreement of sale that contained a number of suspensive conditions that had not been met. In these circumstances a party cannot enforce any rights arising from the agreement. The agreement of sale was subject to conversion … Continue reading