QUESTION TWO

$[30]$

In Cape Town, South Africa, Mr$.$ Khoza decides to sell his antique fumiture collection to Ms$.$ Van Zyl$,$ a passionate collector. The agreement between Mr$.$ Khoza and Ms$.$ Van Zyl includes a standard voetstoots clause, where Mr$.$ Khoza sells the furniture $"$as is$,"$ without any warranties regarding its condition. The furniture is described in detail in the contract, highlighting its historical significance and unique features.

After the sale is completed, Ms$.$ Van Zyl discovers that some of the furniture pieces have significant damage that was not apparent during the initial inspection. Feeling deceived, Ms$.$ Van Zyl seeks legal advice to understand her rights and potential remedies under the voetstoots clause in South African law.

$1$

$2\mathrm{.}1$ Determine whether the damaged furniture is considered a latent or patent defect and provide a reasoning for your determination

$2\mathrm{.}2$ Determine the function of a voetstoots clause in a purchase and sale agreement.

$(5)$

$2\mathrm{.}3$ Advise Ms$.$ Van Zyl on whether she can hold Mr$.$ Khoza liable for the damages in the given circumstances.

$(10)$

$2\mathrm{.}4$ Identify and explain the remedies available to a buyer in the case of the movable property bought containing latent defects.

$(10)$