Dibley v furter case summary
WebSee Study Guide 2 page 49 and Dibley v Furter 1951 (4) SA 73 (C). Question 9 Which ONE of the following would be the appropriate remedy for P in the circumstances of question 8? 1 The Aedilitian remedies. 2 An action for breach of contract. 3 An action based on negligent misrepresentation. 4 An action based on fraudulent misrepresentation. WebFalse statement of fact The basis of a misrepresentation is an assertion of a fact. There was no such assertion in Leoto v Molaolwa. In Dibley v Furter, concealment of a material fact rendered the contract voidable. A misrepresentation, therefore, may not always flow from a positive assertion.
Dibley v furter case summary
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WebCASE NO: LCC63/2024 Before: Poswa-Lerotholi,AJ Heard on DeTivered on: II September 2024 ... 2 Dibley v Furter 1951(4) SA 73(C) (‘Dibley”) 8 [28] Chapter 3 of ESTA makes provision for the rights of occupiers and owners. Section 53 affirms the rights enshrined in the Bill ofRights WebDibley v Furter. Graveyard case: A latent defect must diminish or destroy the usefulness of the thing sold for the purpose for which it is commonly used. The test is objective (i.e its usefulness would diminished or destroyed for everyone and not …
WebSee also Mostert et al 185; Dibley v Furter 1951 4 SA 76 (C) 81; Truman v Leonard 1994 4 SA 371 (SE); Van der Merwe v Meades 1991 2 SA 1 (A); De Vries v Wholesale Cars 1986 3 SA 22 (O); Ciba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd 2002 2 SA 447 (AD) 48. ... Although case law8 have found a concealed servitude to be a latent defect it has been ... WebJan 13, 2005 · What constitutes a latent defect is expressed in Dibley v Furter 1951(4) SA 73 (C) as being "those (defects) which either destroy or impair the usefulness of the thing …
WebParas. 1 and 2 of Rule 32 merely define the type of case in which summary judgment may be applied for by a plaintiff and lay down the requirements of such an application. ... Dibley v Furter 1951 (4) SA 73.doc. 7. Allen v Sixteen Stirling Investments case note.docx. Rhodes University. LAW 301. Law; WebOp 10 September 1986 het Van der Merwe die woonhuis aan die respondent ('Meades') vir R220000 verkoop. Op 6 Februarie 1987 is die woonhuis aan Meades getransporteer maar Van der Merwe het voortgegaan om in die woonhuis as …
WebIn summary, "on a conspectus of all the ... These statutes provide a gloss (and, in some cases, a significant alteration) to the common law of sale discussed thus far. ... An example of a case where the defect did not justify rescission is …
WebHome > LPL4801 – The Law of Sale and Lease > LPL4801 dibley_vs_furter_case_summary. LPL4801 dibley_vs_furter_case_summary. greenacre school barnsley holidaysWebDibley v Furter Misrepresentation Fraudulent Concealment of defect Property sold with redhibitory defects: those that destroy or impairs the usefulness of the thing sold for the purpose for which it has been sold for. Would not have bought had he known the concealed fact. In this case, the defect was a graveyard. greenacre school chathamWeb1 See cases cited below, especially Mitchell's Piano Saloons v. Theunisse.'1, 1919 T.P.D. ... approved by van Zyl J. in Dibley v. Furter, 1951 (4) S.A. 76 (C), at 80. What amounts … flowering shrubs for houston texasWebMar 1, 2024 · The court, in concluding that there is an obligation on the seller to disclose any unusual or abnormal qualities of the res vendita, relied on Dibley v Furter 1951 (4) SA … flowering shrubs for indianaWebsome of which did not go on appeal and still serve as leading cases in their respective areas of law. These include Arend and Another v Astra Furnishers (Pty) Ltd 1974 (1) SA 298 (C) (contracts induced by threats); Dibley v Furter 1951 (4) SA 73 (C) (redhibitory relief and latent defects); Trotman and Another v Edwick 1950 (1) SA 376 (C) greenacre school barnsley vacanciesWebYeats Die uid-Arikaanse kntraktereg en handelsreg (1964) 226; Clete v mithield Htel (Pty) Ltd 1955 2 SA 622 (O) 628; and Dibley v Furter 1951 4 SA 73 (C) 81, the judge remarked: “The . . . fact that [the sculpture] was prclaimed a mnument precluded the demlitin f the ld building, and hence the rebuilding scheme, withut the cnsent f the Cuncil. flowering shrubs for houston areaWebJul 3, 2024 · Dibley v Furter 1951 (4) SA 73 (C) Court findings: Furter was liable to Dibley due to non disclosure. Similar to Marais v Edelman. Facts of the case: Furter sold a … flowering shrubs for maine