PVL3701 Assignment 2 (ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED

Well-structured PVL3701 Assignment 2 (ANSWERS) Semester 1 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!). ...... Question 1 Not yet answered Marked out of 2 Flag question Question text Indicate the correct option. Which one of the following things is a negotiable thing? Select one: a. the free air b. the beach c. a corpse d. a farm Clear my choice Question 2 Not yet answered Marked out of 2 Flag question Question text In Ex parte Geldenhuys (1926 OPD 155) the court formulated the following test: One has to look not so much to the right, but also to the correlative obligation. If that obligation is a burden on the land, a subtraction from the dominium, the corresponding right is real and registrable; if it is not such an obligation, but merely an obligation binding on some person or other, the corresponding right is a personal right, or a right in personam, and it cannot as a rule be registered. In terms of this test, which of the following are not registrable? Select one: a. A usufruct on a farm. b. A long term lease of a car. c. A condition in a will that a farm must be sub-divided when one of the co-owners reaches the age of majority. d. A condition in a will that a farm must be sub-divided by means of the drawing of lots. Clear my choice Question 3 Not yet answered Marked out of 2 Flag question Question text Indicate the incorrect option in respect of the requirements of attornment: Select one: a. A tripartite agreement must exist between all three parties concerned. b. The third party (holder) must be in control of the thing when the tripartite agreement is concluded. c. The third party (holder) can consent in advance to a future transfer of ownership. d. A method of transfer of ownership similar to attornment was recognised in Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)). Clear my choice Question 4 Not yet answered Marked out of 2 Flag question Question text Indicate the correct option. The aim of the actio ad exhibendum is to: Select one: a. claim the market value of the thing that was destroyed or alienated. b. claim the stolen thing or its highest value since the theft. c. determine the rights and duties of contesting parties. d. protect ownership where a servitude holder exceeds the limits of her servitude. Question 5 Not yet answered Marked out of 2 Flag question Question text Jeremy is a judgment debtor, and his assets are sold by the sheriff at a public judicial sale in execution of judgment. Johnny purchases the assets from the sheriff. Jeremy is very upset. Jeremy contacts you as his attorney for advice. Indicate the correct option: Jeremy’s attorney advises Jeremy that he … Select one: a. can recover his property from Johnny. b. cannot recover his property from Johnny but that Jeremy can institute a claim for damages against the sheriff. c. can recover his property from Johnny by seeking a declaratory order after the sale and delivery of the thing to Johnny. d. cannot recover his property from Johnny after the sale and delivery of the items to Johnny. Clear my choice Question 6 Not yet answered Marked out of 2 Flag question Question text Sandy has been leasing a flat since June 2020. After two months the owner of the flat, Silas, asks her whether she wants to buy the flat. She agrees but is not sure how she will become the owner of the flat. Her friend, Jane (a law student), explains the position to Sandy. Which of the following statements is incorrect? Select one: a. During July 2020 Sandy had a personal right against Silas to live in the flat. b. Ownership over the flat will be transferred through delivery with the short hand because Sandy is already in control of the flat. c. Ownership over the flat will be transferred from Silas to Sandy through registration in the Deeds office. d. Once Sandy is the owner of the flat, she obtains a real right over the flat. This real right can be limited by the law and the rights of others. Clear my choice Previous activityAssessment 1 Jump to... Question 7 Not yet answered Marked out of 2 Flag question Question text Xander and Yolanda are co-owners and they wish to divide their farm into units where Xander will use certain parts for sowing crops and Yolanda will use the other parts for grazing purposes. Xander and Yolanda decide to sell their shares in the farm to Adrian and Bongi. Indicate the correct statement pertaining to the entitlements of Xander and Yolanda regarding their undivided share in the farm? Select one: a. Xander and Yolanda need permission from each other to alienate their shares to Adrian and Bongi. b. Xander and Yolanda can sell the farm to Adrian and Bongi without obtaining permission from each other. c. Xander and Yolanda may make independent arrangements with regard to their own undivided share in the ownership of the thing without the cooperation of the other. d. Xander and Yolanda cannot make independent arrangements with regard to their own undivided share in the ownership of the thing and need the cooperation of the other. Clear my choice Question 8 Not yet answered Marked out of 2 Flag question Question text Which one of the following real relationships is always lawful? Select one: a. bona fide possession b. ownership c. holdership d. mala fide possession Clear my choice Question 9 Not yet answered Marked out of 2 Flag question Question text Trevor is part of a group of people who were relocated to an emergency shelter in Johannesburg. He was involved in a confrontation with other residents of the shelter. After this confrontation, Trevor left the shelter. He locked the room that he was allowed to occupy and left most of his things in the room. He returned after 2 months and spent the night in the room. He went out for a while the next day, but when he returned the security personnel of the shelter barred him from entering. Which of the following statements is incorrect? Select one: a. In terms of section 26 of the Constitution, Trevor has a right of access to adequate housing and may not be evicted from the room without a court order. b. Trevor can rely on the spoliation order (mandament van spolie) if he can prove that he was in peaceful and undisturbed control of the room and that his control was disturbed unlawfully. c. The security personnel acted unlawfully and took the law into their own hands when they barred Trevor from entering the room. d. Trevor left the room for 2 months and was therefore not in peaceful and undisturbed control of the room. He will not succeed with the spoliation remedy (mandament van spolie). Clear my choice Question 10 Not yet answered Marked out of 2 Flag question Question text Indicate the correct option. A personal servitude … Select one: a. is transferable. b. is terminated by the death of the holder. c. is a personal right. d. can only vest over immovable property. Clear my choice Question 11 Not yet answered Marked out of 2 Flag question Question text Ntsako’s brother, Jacob, wants to borrow R80 000 from Ntsako. Ntsako wants to lend the money to his brother, but Jacob has a gambling problem and Ntsako wants some form of security for the repayment of the loan. Jacob offers four of his Nguni bulls (worth R20 000 each) as security for the repayment of the loan. Ntsako agrees to take the Nguni Bulls as security for the repayment of the debt and inserts a clause in the agreement between himself and Jacob that he can keep or sell the bulls if Jacob fails to repay him. Before Jacob repays the R80 000 he lost all his money gambling and is declared insolvent. Which one of the following statements is correct? Select one: a. Ntsako can sell the Nguni Bulls, use the proceeds for the outstanding amount and pay the balance of the proceeds to Jacob. b. Ntsako can keep the Nguni Bulls for himself on condition that he repays all instalments paid by Jacob to him. c. Ntsako have an ex lege (by legal operation) right to buy the Nguni Bulls from Jacob for the outstanding amount of the debt. d. Ntsako will become owner of the Nguni Bulls by means of delivery with the short hand (traditio brevi manu). Clear my choice Question 12 Not yet answered Marked out of 2 Flag question Question text Indicate the incorrect option. The following are examples of land (praedial) servitudes: Select one: a. Molly registers a servitude of not building higher over her beachfront erf in favour of the property behind her. b. Molly registers a right of way over her farm in favour of the neighbour of the adjacent farm. c. The court granted a way of necessity in favour of Molly’s farm over her neighbour’s farm. d. Molly registers a right to draw water over her farm in favour of the adjacent farm. Clear my choice Question 13 Not yet answered Marked out of 2 Flag question Question text Vincent, a law graduate who completed his articles, wants to attend a course on conveyancing to help him prepare for the Law Society conveyancing examination. The cost of the course is R4300. Vincent does not have enough money and wants to borrow money from his uncle James. James insists on some form of security for the repayment of the R4300. Vincent gives James his gold watch, which he inherited from his father, as security for repayment of the debt. In order to attend the course, Vincent must travel from his hometown, Middelburg, to Pretoria and will have to arrange accommodation for a week. These expenses, for the travel and accommodation, amounts to R4000. His friend, David, lends him R4000 and say he can repay him when he has enough money. Indicate the incorrect option. Select one: a. James has a real security right to the watch. b. James has a right of retention to the watch. c. James has a right of pledge to the watch. d. James has a limited real right to the watch. Question 14 Not yet answered Marked out of 2 Flag question Question text Asha and Kagiso are neighbours living in Nzuri Gardens, a sectional title complex. Kagiso is the owner of his unit and Asha rents the unit next to Kagiso. Asha’s brother, Phila, is unemployed and temporarily lives with Asha. One night, while Kagiso is on a business trip overseas, Phila takes Kagiso’s car, without his permission, to go to a party. On his way back from the party Phila bumps the car into a pillar, causing a small dent in the bumper. The next morning Phila takes the car to Posh Panel Beaters to have the dent repaired. Two days later Phila finds a job in another town and moves out of Asha’s unit. When Kagiso returns home, he finds a note that Phila left informing him that his car is at Posh Panel Beaters. Kagiso goes to Posh Panel Beaters and claims his car back. Posh Panel Beaters refuses to give Kagiso his car before he pays for the repairs. Kagiso refuses to pay, because he did not instruct Posh Panel Beaters to repair his car. Indicate the incorrect option. Select one: a. Kagiso is a co-owner (joint ownership) of the common property in Nzuri Gardens. b. Kagiso is the individual owner (separate ownership) of his section in Nzuri Gardens. c. Kagiso is the individual owner (separate ownership) of his unit in Nzuri Gardens. d. Kagiso’s is a co-owner (joint ownership) of the common property and the individual owner (separate ownership) of his section in Nzuri Gardens. Clear my choice Question 15 Not yet answered Marked out of 2 Flag question Question text Indicate the correct option. Jacob wants to mine for coal on Peter’s farm. Which one of the following statements is in line with the provisions of the Mineral and Petroleum Resources Development Act 28 of 2002? Select one: a. As the owner of the farm Peter may grant prospecting and mineral rights to Jacob to mine for coal on his farm. b. Peter and Jacob must register the prospecting and mineral rights granted to Jacob by Peter in the deeds office. c. The state is the owner of all minerals and may grant Jacob prospecting and mineral rights with regards to the coal on Peter’s land. d. The prospecting and mining rights granted to Jacob by the state are limited real rights but registration in the deeds office is not required. Clear my choice Previous activityAssessment 1 Jump to...