PVL3701- MCQ Type Questions.
PVL3701 - MCQ Type Questions (2021) Page 1 of 153
TUT 2010 SEMESTER 1
01/2010 - QUESTION 1
Which one of the following things is a composite thing?
(1) a dog [A dog is a singular thing.]
(2) a motor [A motor is a composite thing and is made up of constituent parts ...
, PVL3701 - MCQ Type Questions (2021) Page 1 of 153
TUT 2010 SEMESTER 1
01/2010 - QUESTION 1
Which one of the following things is a composite thing?
(1) a dog [A dog is a singular thing.]
(2) a motor [A motor is a composite thing and is made up of constituent parts which lost their
individuality]
(3) a glass [A glass is a singular thing.]
(4) a brick [A brick is a singular thing]
01/2010 - QUESTION 2
Which option is not a feature or characteristic of real rights?
(1) The rule prior in tempore potior in iure applies to real rights. [In the case of insolvency, the maxim
first in time stronger in law (prior in tempore potior in iure) will apply in the case of two or more
competing real rights]
(2) Real rights grant preference in the case of insolvency. [In the case of insolvency, a real right enjoys
preference over other rights.]
(3) Real rights are unenforceable against bona fide third parties. [Real rights are absolute in principle
and the real right holder can enforce his/her right against bona fide third parties]
(4) The object of a real right is a thing. [The object of a real right is a corporeal thing (leaving aside
the exception of a pledge of claims).]
01/2010 - QUESTION 3
Which option does not reflect a recognised subdivision of neighbour law?
(1) lateral support [Lateral support is a recognised subdivision of neighbour law]
(2) planting of trees [Planting of trees is not a recognised subdivision of neighbour law, it is a
subdivision of Encroachments]
(3) interference with the natural flow of water [Interference with the natural flow of water is a
recognised subdivision of neighbour law]
(4) nuisance [Nuisance is a recognised subdivision of neighbour law]
The recognised subdivisions of neighbour law are: nuisance; lateral and surface support;
encroachments; surface water; party walls and fences and elimination of danger.
01/2010 - QUESTION 4
Which option is the odd one out?
(1) a carp swimming around in the Roodeplaat dam [is a thing that is susceptible to ownership, but
that belongs to no-one at this particular stage and can therefore be categorized as a res nullius]
(2) a kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high game proof
fence and with the mark QR on them [belongs to Q and R and forms part of Q and R’s estate and
can therefore be classified as a res alicuius]
(3) a wounded impala which has been shot on X’s unfenced farm and which is being pursued by
hunter Z [is a res nullius. If Z catches it he can obtain ownership through appropriation if all the
requirements are met]
(4) a Congolese wood parrot which lived for two years in an open cage in the lounge of Z’s Waterkloof
home, but flew away and now lives in the trees at Magnolia Dell [reverted to his former wild state,
after having been controlled by a person, and is regarded as a res nullius.]
, PVL3701 - MCQ Type Questions (2021) Page 2 of 153
01/2010 - QUESTION 5
Indicate when natural interruption of prescription will occur:
(1) when a person is absent from the country because of war [Prescription will be suspended when
a person is absent from the country because of war]
(2) when a fiduciarius has alienated fideicommissary goods without the power to alienate it
[Prescription will be suspended when a fiduciarius has alienated fideicommissary goods without
the power to alienate it.]
(3) when summons, claiming ownership of the thing, is served [Prescription will not be interrupted
when summons, claiming ownership of the thing, is served. Interruption only occurs if the person
who claims ownership succeeds in carrying his/her claim to the final judgment]
(4) when the acquirer lost possession of the thing, by relinquishing it voluntarily or when the thing
was forcibly taken from him/her. [Prescription will not be interrupted when the acquirer lost
possession of the thing, by relinquishing it voluntarily or when the thing was forcibly taken from
him/her. Prescription can only be interrupted through voluntary loss of possession.]
01/2010 - QUESTION 6
Which option is not a requirement or characteristic of treasure trove as an original mode of acquisition
of ownership?
(1) The treasure must be a valuable movable or immovable thing. [The treasure must be a valuable
movable thing. The treasure cannot be an immovable thing.]
(2) The finder must exercise some kind of physical control over the treasure. [The finder must
exercise some kind of physical control over the treasure.]
(3) The original owner of the treasure cannot be found. [The original owner of the treasure cannot
be found.]
(4) A valuable thing lying openly on the ground can never qualify as a treasure for purposes of
treasure trove. [A valuable thing lying openly on the ground can never qualify as a treasure for
purposes of Treasure]
01/2010 - QUESTION 7
Indicate the false option in respect of the requirements for attornment:
(1) A tripartite agreement must exist between all three parties concerned. [One of the requirements
for attornment to take place is that there must be a tripartite agreement between the transferor,
the transferee and the third-party holder in terms of which the holder will continue to hold for
the transferee and no longer for the transferor.]
(2) The third party (holder) must be in control of the thing when the tripartite agreement is
concluded. [Another requirement for attornment to take place is that the third party (holder)
should exercise physical control at the moment of transfer from the transferor to the transferee]
(3) The third party (holder) can consent in advance to a future transfer of ownership. [In Caledon
en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court held that the third party
(holder) can consent in advance to a future transfer of ownership. In this case a new form of
delivery was recognized]
(4) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court held that
all the requirements for attornment were complied with. [In Caledon en SWD
Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) a new form of delivery was acknowledged.]
, PVL3701 - MCQ Type Questions (2021) Page 3 of 153
01/2010 - QUESTION 8
Give an example of delivery with the long hand:
(1) A flock of sheep pointed out in the presence of the transferee. [an example of delivery with the
long hand (traditio longa manu).]
(2) The delivery of the keys to a motor. [example of symbolic delivery]
(3) X bought a watch from a jeweller and leaves it with the jeweller for cleaning. [An example of
constitutum possessorium.]
(4) X hires a motor from Y and then purchases it from Y. [An example of delivery with the short hand
(traditio brevi manu)]
01/2010 - QUESTION 9
Which option is the odd one out?
(1) In order to succeed with the Aquilian action a causal connection between the patrimonial loss
and the conduct of the defendant a just balance between the public interest and the interests
of those affected has to be proved. [In order to succeed with the Aquilian action a causal
connection between the patrimonial loss and the conduct of the defendant has to be proved]
(2) The Aquilian action can be instituted against anyone who causes damage due to an intentional
or negligent act. [The Aquilian action can be instituted against anyone who causes damage due
to an unlawful intentional or negligent act, thus culpability of the defendant.]
(3) Damages can be claimed with the Aquilian action. [Damages can be claimed with the Aquilian
action.]
(4) The Aquilian action is available to the owner of the damaged thing only. [The Aquilian action is
available to anyone who has a proprietal right or interest in the damaged thing, thus not only
owners]
01/2010 - QUESTION 10
A purchaser who is not the owner of a thing, but who has the intention of an owner on the incorrect
assumption that he/she is the owner is a:
(1) bona fide possessor [A person who is not the owner of a thing because he/she does not comply
with the requirements for vesting of ownership, but who has the intention of an owner on the
incorrect assumption that he/she is the owner is a bona fide possessor.]
(2) mala fide unlawful holder [A person who knows that he/she does not have the owner’s consent
for controlling the thing, but still exercises physical control over it for the sake of the benefit he/she
can derive from it is a mala fide unlawful holder.]
(3) mala fide possessor [A person who is aware of the fact that he/she is not legally recognised as the
owner of a thing since he/she does not conform to the requirements of ownership, but whom
nevertheless has the intention of an owner is mala fide possessor.]
(4) bona fide unlafwul holder [A person who physically controls the thing unlawfully, but he/she is
unaware of the fact, since he/she is under the incorrect impression that he/she has the necessary
permission or legal ground to control it is a bona fide unlawful holder]
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