Read the Case study below and answer the questions that follow. [20 marks]

In the case of Gengan v Pathur 1977 (1) SA 826, Gengan bought some buildings from Pathur. The contract (deed of sale) stated that the risk in respect of the property would pass to the buyer Gengan (the buyer) on registration of transfer in the Deeds Office. However, before registration of the transfer, but after signing the deed of sale, the buildings were partially destroyed by a fire. Gengan used his own money to restore the buildings. After the transfer of the property was registered, Gengan instituted an action for damages against Pathur for costs of repairing the building. Pathur's defence was that he was not under any duty to repair the buildings.

Question One

1.1 Discuss the transfer of risk in sale agreements. (10 marks)

1.2 Discuss the manner in which the court in the Gengan v Pathur case, applied the law relating to the transfer of risk. (10 marks)