EXAM PACK
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MCQ
Indicate the correct option.
1.
Which one of the following
things can be regarded as a res
nullius?
a domesticated
his
(1)
owner‟s housetiger living in
an impala roaming in the
bushes
(2)
a Persian‟scat
neighbor
(3) lying on the
patio
a springbok kept on a private
(4)
game farm for hunting
, purposes
ANSWER:
Option 2 is correct. A res nullius
is a thing which does not belong
to anyone. All creatures that are
wild by nature either in their
natural state or when they have
reverted to their former wild
state are regarded as res
nullius. Wild animals that have
been tamed (option 1), domestic
animals (option 3) or wild
animals regulated by the Game
Theft Act 105 of 1991 (option 4),
are not res nullius. An impala
roaming in the bushes is wild by
nature and regarded as a res
nullius.
See Study Guide pg 92
2. Indicate the correct option.
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The following is an example of
constructive delivery where a
transferee is placed in position
to exercises physical control
over a thing:
delivery
symbolic
(1) with the short hand
delivery
attornment
(2)
cession of ownership
(3)
(4)
ANSWER:
Option 2 is correct.
Constructive delivery is when
there is no physical or actual
handing over of the thing. The
transferee is either placed in a
position to excercise physical
control, already in physical
control or someone else
exercises physical control on
his/her behalf. Examples of a
transferee placed in a position
to excercise physical control