Question
On 10 April 2021 Frederika buys Ashley's car on condition that it passes a roadworthiness test before 20 April 2021. If the car passes the
On 10 April 2021 Frederika buys Ashley's car on condition that it passes a roadworthiness test before 20 April 2021. If the car passes the test, it will be delivered to Frederika on 21 April. The parties also agree that the purchase price of R80 000 will be paid in cash when delivery takes place on 21 April. The car passes the test on 15 April. On 19 April Ashley phones Frederika and informs her that the car was stolen the night before. Ashley insists that, despite the theft, Frederika still owes her the purchase price. What are the legal consequences in the following instances?
(a) The car was stolen in Ashley's driveway while she was fetching a parcel in the house. She had left the gate open, the key in the ignition and the engine running.
(b) The car was stolen out of Ashley's locked garage.
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