PVL3701-Exam memo-Pack.Verified.

Oct/Nov 2018 1 Which one of the following things is a composite thing? (1) A painting (2) A bicycle (3) A wild animal (4) A roll of denim material 2 An owner, bona fide possessor and mala fide possessor each has a: (1) real relationship with the thing with the intention to become an owner (2) real relationship with the thing it physically controls with the intention of an owner (3) lawful real relationship with the thing it physically controls which affords it a real right over the thing (4) lawful real relationship with the thing it physically controls with the intention of deriving a benefit from the thing 3 In Papalardo v Hau (2010 (2) SA 451 (SCA)) the court held that the owner of the: (1) lower erf must allow the natural flow of water from the higher erf on to his/her erf (2) lower erf must divert the water from the higher erf to the street (3) lower erf must allow all water flowing from the higher erf on to his erf (4) higher erf has an ex lege servitude over the lower erf in terms of which the owner of the lower erf must allow all water to flow on to his/her erf 4 Indicate the incorrect option. The requirements for acquisition of ownership through appropriation (occupatio) are: (1) The physical control over the acquired thing must be lawful (2) The acquirer must have the intention to become the owner of the thing (3) A thing that belongs to no one (res nullius) can be acquired (4) An acquired thing should be within the sphere of law (res in commercio) 5 Handing over the keys to a car or a warehouse is the best known example of: (1) symbolic delivery in which instance a thing is handed over symbolically by pointing it out to the transferee. (2) symbolic delivery in which instance a thing is handed over symbolically by delivering a token or symbol of the thing to the transferee. (3) delivery with the long hand (traditio longa manu) in which instance a thing is delivered by pointing it out to the transferee and placing the transferee in the position to take control of the thing to the exclusion of others. (4) delivery with the long hand (traditio longa manu) in which instance a thing is handed over symbolically by delivering a token or symbol of the thing to the transferee. PVL3701-Exam memo-Pack.Verified. 6 Indicate the incorrect option. The following are requirements for delivery with the long hand: (1) The parties must have the intention to transfer and receive ownership. (2) The thing must be pointed out by the owner to the acquirer in the presence of the thing. (3) The acquirer should be put in a position to exercise actual control, to the exclusion of other persons, over the thing after it has been pointed out. (4) The acquirer must take actual physical control of the thing as soon as possible after it has been pointed out to him. 7 The case of Quenty’s Motors (Pty) Ltd v Standard Credit Corporation Ltd (1994 (3) SA 188 (A)) is authority for the statement that: (1) the condictio furtiva is an action arising from theft, (2) estoppel is a defence against an owner’s rei vindicatio, (3) an interdict is a remedy to force a person to do something, or (4) there is a delictual claim for damages for loss caused unlawfully through the negligence or intention of another. 8 Indicate the incorrect option. If co-owners cannot reach an agreement on the subdivision of property: (1) division may be claimed by means of the actio communi dividundo. (2) the applicant does not have to prove that he/she attempted division by means of an agreement with the other co-owners. (3) the applicant has to prove that he/she has already tried to obtain a division by means of an agreement with the other co-owners. (4) the court has a wide discretion with regard to the division. 9 Indicate the incorrect option. The following are legal consequences and entitlements of free co-ownership: (1) A share in the co-ownership can be freely transferred by a co-owner. (2) Apart from the co-ownership relationship, another underlying legal relationship between the coowners exists. (3) The share of a co-owner can be burdened with a mortgage bond without the permission of the other co-owners. (4) The actio communi dividundo is at the disposal of each co-owner. 10 Indicate the incorrect option. In terms of judgement in Nino Bonino v De Lange (1906 TS 120) the following conclusions in respect of the spoliation remedy (mandament van spolie) can be drawn: (1) The remedy is based on the legal policy consideration that no-one should be allowed to take the law into his/her own hands. (2) The remedy is available only if the spoliator acted with force, fraud or stealth. (3) The remedy is summarily executed, without considering the merits of the parties’ claims to the thing concerned. (4) The right of the spoliatus to the thing is irrelevant. 11 Indicate the incorrect option. The following persons are bona fide possessors: (1) a person who concludes a contract of sale with a non-owner and who, after delivery, uses the thing, assuming that he/she has become its owner (2) a person who accidentally picks up another’s pen, believing it to be his/her own, and who then uses it in that belief (3) a person who encroaches on his/her neighbour’s land, unaware that he/she is doing so (4) a ‘‘lessee’’ who has unknowingly concluded an invalid lease contract for a flat and then moves into the flat. 12 A person who does not regard or conduct him/herself as the owner, and who recognises and respects the owner’s ownership to the thing, but who physically controls it without the owner’s permission or other legal ground for his/her control for the sake of the benefit he/she derives from it, is: (1) A mala fide possessor (2) An unlawful holder (3) A bona fide possessor (4) A lawful holder 13 Indicate the incorrect option. In Telkom SA Ltd v Xsinet (Pty) Ltd 2003 (5) SA 309 (SCA): (1) The Supreme Court of Appeal held that specific performance of a contractual right had never been allowed under the spoliation remedy. (2) Jones AJA stated that Xsinet’s use of the telephones, lines, modems or electrical impulses, clearly gave it “possession” of the connection of its corporeal property. (3) It was indicated that the spoliation remedy originally only protected the physical possession of movable or immovable property, but later on a need arose to also protect certain rights. (4) Jones AJA indicated that an objection against the idea of “quasi-possession” of a right was that it caused confusion between contractual remedies and remedies which were designed to protect real rights. 14 Indicate the incorrect option. (1) A usufruct vests only over immovable things, for example a farm or a house. (2) The usufructuary must return the thing to the owner with the preservation of its substance (salva rei substantia). (3) A usufructuary may control, use and enjoy the thing and reap its fruits. (4) A usufruct is a personal servitude and therefore a limited real right. 15 Indicate the incorrect option. A personal servitude: (1) is not transferable (2) is terminated by the death of the holder thereof (3) is a personal right (4) can vest over movable or immovable property