Essay
Summative assignment
- Course
- Business law (BLA101)
- Institution
- STADIO (STADIO)
Summative assignment
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1BUSINESS LAW
BLA101
SUMMATIVE ASSIGNMENT
___________________________________________________________________
Name: Diandra Leonie Nell
Student number: 21920998
Date: 16 November 2021
_____________________________________________________________________
Table of Contents
1. Question 1 2–3
2. Question 2 3–5
3. Question 3 5–7
4. Question 4 7
5. Question 5 8
6. Reference list 9
, 2
Question 1
1.1 Legal rules which control the relationship between the state and its citizens
fall under Public law. However, to determine the legal status of Sarah, we will
have to refer to Private Law. Therefore, this statement is not correct. Law of
Persons, which falls under Private Law, determines the legal position and / or
status of each class specified under the term legal subject. Sarah is a natural
person and falls under the category of being a legal subject. Even though
Sarah is a minor, every human being is a legal subject and every human can
have rights and duties. Minors do not have the same rights as adults and that
is the reason why status is accorded to every legal subject. According to
Schulze et al. (2015: 27) status can be defined as “the aggregate of rights and
duties which are attached to a person as one of a specific class.”
In summary, status is the position of a person in the eyes of the law and it
determines the rights and duties of a legal subject. There are various factors
which will determine status, for example, age. This will simply mean that due
to the age of a certain person, he or she will not have all the rights and duties
which adults may have. For instance, Sarah is a minor and due to the fact that
she is not over the age of 18, she does not have the right to vote.
1.2 Firstly, there is a difference between ownership and possession. The fact that
Admia is in possession of the leather jacket, does not make her the owner, as
the leather jacket belongs to Phillemon and therefore, Phillemon is the rightful
owner of the leather jacket. For Admia to have owner, she must acquire
ownership. Occupation is one of the methods to acquire ownership by way of
seizure, alternatively occupation. If a person seizes property that belongs to
no one with the intention of becoming its owner, one acquires the right of
ownership. For example, if Phillemon has thrown away the leather jacket and
does not want it anymore, then in that event Admia can keep the leather
jacket by seizing it as it does not belong to Phillemon anymore. An owner
must have the intention of not wanting to be the owner anymore. However,
Admia cannot by way of occupation become the owner of the leather jacket as
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