Question 1
Richard and Frank conclude a contract of purchase and sale.

• Richard agrees to sell his Yamaha 150 cc motorcycle to Frank. Frank agrees to purchase the motorcycle from Richard.
• Frank undertakes to purchase the motorcycle at an agreed price of R10,000 (ten thousand rand).
• Payment will take place on the date of delivery.
• Richard sells the motorcycle “as is” (voetstoots).
1.1 What are the essentialia of a purchase and sale contract? Are the essentialia present in this contract? (Max. 8 lines)

1.2 What is contractual incidentalia? Give an example of an incidentalia in this purchase and sale agreement. (Max. 4 lines)
1.3 Is it a legal requirement that all contracts must be reduced to writing? Explain your answer briefly. (Max. 2 lines)

Question 2

The following is an example of a basic will. Read the will and answer the questions below.
This is the last will and testament of Adam Williams, presently residing in Cape Town and married out of community of property to Lillian Williams.
I revoke all previous wills made by me. I bequeath the amount of R10,000 to each of my children. I bequeath the rest of my estate to my spouse, Lillian Williams.
I nominate Alison Kerridge, my attorney, as executor of my estate.
2.1 Who may make a last will and testament? (Max. 1 line)
2.2 There are two kinds of beneficiaries mentioned in this will. Name them and explain the difference between the two types of beneficiaries. (Max. 6 lines)
2.3 What are the functions or tasks of an executor of an estate? (Max. 5 lines)
2.4 When would the Master of the High Court require security from the executor? (Max. 2 lines)

2.5 Who may sign a will as a witness and how should they sign the will? (Max. 4 lines)
Answers to Above Questions on Richard and Frank Case

Answers 1: When it comes to the essentialia of a contract of purchase and sale, it includes the essential element that must be present for a valid sale agreement to exist. The three important elements as considered in South African contract law are that there must be a clearly identifiable object for sale, the price must be clearly specified and agreed upon, and there must be an agreement between both the parties. In the given contract, the product is Yamaha 150 cc motorcycle, and the price is R10000, and there is also an agreement between Richard and Frank for the sale of the motorcycle at the specified price.