PVL3701 Assignment 1 Semester 2 2022.
PVL3701 - Law Of Property
Mr. Farmer owns numerous farms which he uses to produce apples and pears.
In 2017, Mr. Farmer concluded several agreements in terms of which he sold 20
portions of the farms to Fruit Juice Manufacturers. Each of the agreements was
...
, Mr. Farmer owns numerous farms which he uses to produce apples and pears.
In 2017, Mr. Farmer concluded several agreements in terms of which he sold 20
portions of the farms to Fruit Juice Manufacturers. Each of the agreements was
subject to a suspensive condition, namely that Fruit Juice Manufacturers will
obtain finance to pay the purchase price. Mr. Farmer and Fruit Juice
Manufacturers agreed that should the suspensive condition not be fulfilled, the
agreements would be regarded as lease agreements for a period of 6 months.
However, the suspensive conditions in each of the agreements were not
fulfilled. Fruit Juice Manufacturers breached the lease agreements. Mr. Farmer’s
attorneys wrote a letter to Fruit Juice Manufacturers advising them that all
agreements between +27
the81
parties had been cancelled. Furthermore, Mr. Farmer’s
278 3372 +27 81 278 3372
attorneys informed Fruit Juice Manufacturers in strong and unequivocal words
not to trespass upon the land and that they would approach the High Court for
relief if Fruit Juice Manufacturers did not comply with the instruction not to
trespass upon the land.
QUESTION 1
How would you describe the real relationship between Fruit Juice Manufacturers
(legal subjects) and the 20 portions of the farms (legal objects) that were sold to
them and which they were occupying before the 6 months of the lease period
expired? Substantiate your answer.
Lawful holder +27 81 278 3372 +27 81 278 3372
Fruit Juice Manufacturers is a lessee and had physical control of 20 portions of the
farms with the permission of Mr. Farmer in order to derive a benefit from it. Therefore
Fruit Juice Manufacturers is a lawful holder.
The lease agreement is the legal ground in which Mr. Farmer’s permission is
incorporated.
QUESTION 2
+27 81 278 3372 +27 81 278 3372
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