Misrepresentation and exemption clauses continue

Exemption Clause Overview

  • Exemption clauses outline conditions under which certain liabilities may not apply.

  • There are exceptions to these clauses which need to be considered in relevant transactions.

Example of a Transaction Involving Damages

The Scenario

  • Participant A buys a car from Participant B.

  • The actual market value of the car is R80,000.

  • A purchases the car for R100,000.

Financial Breakdown

  • Debit Entry: R80,000 (actual value of the vehicle).

  • Credit Entry: R100,000 (price paid by A).

Analysis of the Difference

  • Difference: R100,000 (credit) - R80,000 (debit) = R20,000.

  • This R20,000 represents the damages incurred in the transaction.

  • Importance of comparing the actual value versus the purchase price to gauge financial standing.

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