Please enable JavaScript.

Coggle requires JavaScript to display documents.

THE SELLER’S DUTY TO WARRANT AGAINST EVICTION (When the warranty does not…

- - - - York v Jones 1962
        
        Jones the executor of joint estate, sold a farm of the estate. -Y went to take occupation of the farm and found a couple living on the farm who refused to move. Upon an action brought against the couple, Held. Entitled to share the property until such time as the seller evicted them.
        -Responsibility of the seller to remove the residents failing which would not constitute property delivery on the part of the seller.
        _ vacant occipital ion never give to seller.
    - - Nunan v Meyer
        
        Bought stolen cattle. Buyer handed over stolen cattle and claimed the purchase price of the cattle from the seller.
        -gave the cattle back without defending the w/o defending against eviction.
        -Q, whether the buyer could claim back the property where voluntarily gave the property back without defending his claim.
    - - Van Staden v Pretorius
      - Lauers v Hein & Far Bk
- - - - (i)GENERAL RULE: the purchaser is entitled to claim the purchase price or if the property has increased in value he is entitled to the increased value provided that the increase was within the contemplation of the parties (or foreseeable) at the time that the goods were sold• fallen in value – he claims the purchase price
        increased in value – he claims the increased value
      - (ii)The rapidly depreciating asset If the purchaser has had possession of a rapidly depreciating asset for a long period of time this must be taken into consideration
      - (iii)Cost of improvements
        
        Lammars and Lammars v Giovannoni
        
        Soar t/a Rebuilds for Africa v J C Motors mitigation of damages

a bona fide possessor has a claim against the true owner for such improvements as the law allows.

Regard must be had to the rules on breach of contract (damages are those which were within the contemplation of the parties at the time that the contract was concluded) and the mitigation rule.

The buyer cannot claim from the seller that which he could have claimed from the true owner.  BUT such matters may not be easy to prove and a buyer is not expected to take on doubtful litigation therefore a seller who does not come to the aid of the buyer may find that he has to compensate the buyer for loss of improvements also.