actio quanti minoris造句

• The " actio quanti minoris " may be sought as a remedy in two circumstances.
• The " actio quanti minoris " may also be sought in a second set of circumstances.
• Circumstances that give cause for an " actio quanti minoris " may also be used as a defence to an action for the price by the seller.
• The aedilitian actions are the " actio redhibitoria " and the " actio quanti minoris ", both of which are available in South African law.
• When the " actio quanti minoris " is utilised, the buyer, if successful, is entitled to the return of a portion of the purchase price.
• If the object possessed some defect which diminished its value, the buyer could bring the actio quanti minoris within one year; by this he obtained a corresponding reduction in price.
• In the first instance, the basic requirements for an " actio redhibitoria " are the same as those that give rise to the " actio quanti minoris ".
• Where the defect is of such a character that it is not material enough to give rise to a redhibitory action, it may nevertheless give rise to an " actio quanti minoris ".
• The " actio quanti minoris " ( also known as the " actio aestimatoria " ) is the other action to be considered here : an action for the return of a portion of the purchase price.
• Where the innocent misrepresentation amounts to a " dictum et promissum ", however, the purchaser may claim a reduction of the price under the " actio quanti minoris " : a limited form of relief, because not compensating for consequential losses caused by the misrepresentation.
• In South African law, despite any distinctions between " dicta " and " promissa " in the Roman law, the term refers to, " a statement or undertaking or promise by the seller which was intended to be acted upon by the parties . " The leading case on " dictum promissumve " is " Phame ( Pty ) Ltd v Paizes ", Holmes JA posed one of the questions raised by the case in the following way : " Can an innocent misrepresentation ever entitle a buyer to a reduction of the price under the actio quanti minoris ? [ . . . ] If so, under what circumstances?