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Exam (elaborations)

PVL 3701 ASSIGNMENT 2

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PVL3701 ASSIGNMENT 2 SEMESTER 1 & 2 2021 UNIQUE NUMBER: DISCLAIMER: Extreme care has been used to create this document, however the contents are provided “as is” without any representations or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. Directly submitting and/or reselling/ distribution / reproduction any part of this document is not permitted. PREVIEW OF QUESTION 1 1. 2 (Study Guide pages 150-151) Option (2): CORRECT, the real relationship of an owner to his/her thing is ownership, which is a lawful real relationship. Option (1): Incorrect, bona fide possession is the real relationship of a person who is not recognised as the owner of a thing, because he/she does not comply with the requirements for establishing ownership, but who has the intention of an owner, on the incorrect assumption that he/she is in fact the owner. The relationship of a person who accidently takes someone else’s cell phone thinking that it belongs to him/her can be described as bona fide possession. Although such a person controls the cell phone bona fide on the incorrect assumption, the relationship cannot be lawful. Option (3): Incorrect, holdership is a relationship between a person who controls a thing with the intention to derive a benefit from the thing, with the permission or other valid legal ground to control the thing. Holdership can, however, be unlawful under certain circumstances. For example if a person unknowingly concludes an invalid lease contract. Such a person (“lessee” can be described as a bona fide unlawful holder. Option (4): Incorrect, the relationship of a thief who controls a stolen thing can be described as mala fide possession. Such a relationship cannot be lawful, because a thief is aware of the fact that he/she is not recognised as the owner of the thing, but controls the thing with the intention of an owner. Powered by TCPDF () 1 / 1 This study source was downloaded by from CourseH on :17:29 GMT -05:00 This study res

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