100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
PVL2002H: PROPERTY ASSIGNMENT 1 ANSWERS (JUNE EXAM QUESTION 2021) Mandament van spolie and constitutional remedy R120,00
Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of Cape Town (UCT)
  4.  
  5. Property Law (PVL2002H)

Essay

PVL2002H: PROPERTY ASSIGNMENT 1 ANSWERS (JUNE EXAM QUESTION 2021) Mandament van spolie and constitutional remedy

1 review
 39 views  2 purchases

This assignment is the question from the June 2021 exam for prop law. Contains the issue, rules, application and conclusion for a) and b). All authorities included with correct formatting. The question: Concerns the mandament van spolie and the s26(3) of the Constitution. Explain whether: ...

[Show more]

Preview 1 out of 4  pages

Document information

  • May 3, 2022
  • 4
  • 2021/2022
  • Essay
  • Unknown
  • A

Subjects

Written for

All documents for this subject (18)

1  review

review-writer-avatar

By: christopherjohnston • 2 year ago

Seller

avatar-seller
LawGuru

Reviews received

Content preview

PVL2002H
LAW OF PROPERTY ASSIGNMENT ONE 2022




Explain whether:
a) the common law rules related to
spoliation or counter-spoliation provide D
with a remedy (or a defence) in terms of this
set of facts.
b) the given facts give rise to a remedy
based on section 26(3) of the Constitution as
developed in the Tswelopele case. You
should consider whether this remedy is
potentially available to D.




Issue
The issue in question a) is whether the pound’s actions to remove the cows are spoliation and
thus whether D has a counter spoliation defense against the pound’s claim for the mandament
van spolie.
The issue in question b) is whether D can use the remedy based on section 26(3) of the
Constitution in order to reclaim possession of his house and to get his house rebuilt (to restore
the status quo ante).


Rules

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller LawGuru. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R120,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

57413 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R120,00  2x  sold
  • (1)
Add to cart
Added