Question
Hyundai SA Pty (Ltd) manufactures and sells vehicles to the public from their premises situated in Uitenhage, Eastern Cape. On the 1 st of August
Hyundai SA Pty (Ltd) manufactures and sells vehicles to the public from their premises situated in Uitenhage, Eastern Cape. On the 1st of August 2021, Mr. Job, who resides in Knysna, purchases a new Hyundia i20 for R250 000.
Assume that the agreement between the parties is that the Hyundia i20 would only be delivered on 14 August 2021. The vehicle was stored in the companys stockroom with several other similar vehicles until the date of delivery. The stockroom and its contents were destroyed in a fire on 13 August 2021. Hyundai now demands payment of the purchase price from Mr. Job, as they argue that the risk for accidental damage passed to Mr. Job.
Discuss Mr. Jobs rights with reference to the Common Law passing of the risk rule and the Consumer Protection Act 61 of 2008.
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