Study unit 2

Question 1

WHAT ARE MATERIAL FACTS?

Answer 1

material facts are the plaintiff has to prove in order to succeed in that district.

Question 2

TWO TYPES OF FACTS:

Answer 2

1. Facta probanda
2. Facta probantia

Question 3

FACTA PROBANDA

Answer 3

are the facts in dispute

Question 4

FACTA PROBANTIA

Answer 4

evidence brought.

Question 5

IMPORTANT QUESTIONS TO ASK IN A CONSULTATION:

Answer 5

you have to find out if:
1. what is the cause of action?
2. whether your client has locus standi
3. which court has jurisdiction

Question 6

DELICTUAL MATTERS:

Answer 6

must prove all elements of a delict:
-conduct
-unlawfulness
-damages
-fault
-causation
-vicarious liability

Question 7

CONTRACTUAL CLAIM:

Answer 7

1ST remedy: claim for specific performance plus damages for the breach of contract
2nd remedy: cancel contract and demand full restitution.

Question 8

BUYER’S REMEDIES:

Answer 8

where the seller knew about the latent defect:
-claim for repairs and damages as a result of the defect
-cancel the contract and seek damages
where the buyer and seller were both unaware:
-actio redhibitoria- allows for the contract to be canceled
-actio quanti monoris- allows for the reduction in the purchase price.