Interdict - CORRECT ANSWER -A summary court order applied for on an urgent
basis. Applicant may apply for an order forcing a person to do something or to
refrain from doing something. Speedy remedy where rights have been infringed
or are about to be infringed
Requirements for an interdict - CORRECT ANSWER -- a clear right
- an actual or reasonably apprehended violation of a right
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
Delivery with the short hand? - CORRECT ANSWER -- no transfer of physical
control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - CORRECT ANSWER -- capacities conferred on the legal subject by
virtue of a right, in this case the real right of ownership
- emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate
, Consumable - CORRECT ANSWER -things that are used up or their value is
considerably diminished by ordinary use eg pencils, food stuffs
Non consumable - CORRECT ANSWER -are preserved in spite of normal use eg car,
stove
Property? - CORRECT ANSWER -- everything that forms part of a persons estate
- in narrow sense, refers to the law of things which is the system of legal rules that
regulates legal relationships between legal subjects in regard to a particular legal
object, namely a thing
Things? - CORRECT ANSWER -- a branch of private law which consists of a number
of legal rules that determine the nature, context, vesting, protection, transfer and
termination of various real relationships between a legal subject and a thing as
well as the rights and duties ensuing from these relationships
Derivative method of acquisition of ownership - CORRECT ANSWER -- occur with
the cooperation of a predecessor in title
- right which the transferee obtains is derived from the former owner
- predecessor in title should himself have been the owner and have been entitled
to transfer ownership
Original method of acquisition of ownership - CORRECT ANSWER -- used when
there is no cooperation from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? - CORRECT
ANSWER -Applicant must prove
basis. Applicant may apply for an order forcing a person to do something or to
refrain from doing something. Speedy remedy where rights have been infringed
or are about to be infringed
Requirements for an interdict - CORRECT ANSWER -- a clear right
- an actual or reasonably apprehended violation of a right
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
Delivery with the short hand? - CORRECT ANSWER -- no transfer of physical
control takes place
- since the transferee is already in control of the thing, although not as the owner
Entitlements? - CORRECT ANSWER -- capacities conferred on the legal subject by
virtue of a right, in this case the real right of ownership
- emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate
, Consumable - CORRECT ANSWER -things that are used up or their value is
considerably diminished by ordinary use eg pencils, food stuffs
Non consumable - CORRECT ANSWER -are preserved in spite of normal use eg car,
stove
Property? - CORRECT ANSWER -- everything that forms part of a persons estate
- in narrow sense, refers to the law of things which is the system of legal rules that
regulates legal relationships between legal subjects in regard to a particular legal
object, namely a thing
Things? - CORRECT ANSWER -- a branch of private law which consists of a number
of legal rules that determine the nature, context, vesting, protection, transfer and
termination of various real relationships between a legal subject and a thing as
well as the rights and duties ensuing from these relationships
Derivative method of acquisition of ownership - CORRECT ANSWER -- occur with
the cooperation of a predecessor in title
- right which the transferee obtains is derived from the former owner
- predecessor in title should himself have been the owner and have been entitled
to transfer ownership
Original method of acquisition of ownership - CORRECT ANSWER -- used when
there is no cooperation from a predecessor in title
- where there is no transfer of ownership
Requirements for a successful reliance on the condictio furtiva? - CORRECT
ANSWER -Applicant must prove
