Question 1 memorandum
Question 1
1.1 Identify and briefly describe the nature of the right that John has in relation to the
bicycle he is renting from Thebe. Provide reasons for your answer. [Your answer
should not exceed 8 lines.]
John ha a personal right against thebe and the object of right is bycycle. Personal
right result from a contract in which one party is obligated to fulfill their duty and the
other party has a corresponding obligation. An obligation is a theoretical legal
connection between two identified legal entities, where one, the creditor, has the
right to a specific action from the other, the debtor, who in turn has the obligation to
fulfill that action. (Scott, Property Law Study Guide 30).
1.2 Identify and briefly describe the nature of the real relationship between John and the
bicycle he is renting from Thebe. Provide reasons for your answer. [Your answer should
not exceed 10 lines.]
John is a lawful holder. john is in physical possession of rented bicycle with the Thebe's
consent. A lawful holder can be defined as a person who physically controls the thing
with the owner’s permission or on another legal basis, in order to derive some benefit
from it. The holder does not regard himself/herself as the owner; nor does he/she
pretend to be the owner: He/she exercises control while recognising and respecting the
owner’s ownership. S Scott, Property Law Study Guide (PVL301) (Department of
Private Law Unisa, 2016 page 151)
1.3 Explain the nature of the right Thebe retains over the bicycle that he is renting to
John for the cycling challenge. In your answer, clarify how this right is limited
under the current circumstances. Provide reasons for your answer. [10] [Your
answer should not exceed 10 lines.]
Thebe has real right over the bicycle. Thebe as an owner has compressive real right
over the car (see study guide p41). Ownership can be defined as the most
comprehensive real right that a person can have with regards to his/her thing. In
principle, a person can act upon and with his/her thing as he/she pleases. This
apparent freedom is restricted, however by the law and the rights of others. In this
scenario the ownership is not limited by personal right although at any time thebe
can cancel the lease agreement depending on the nature of agreement ( page 58)
Question 1
1.1 Identify and briefly describe the nature of the right that John has in relation to the
bicycle he is renting from Thebe. Provide reasons for your answer. [Your answer
should not exceed 8 lines.]
John ha a personal right against thebe and the object of right is bycycle. Personal
right result from a contract in which one party is obligated to fulfill their duty and the
other party has a corresponding obligation. An obligation is a theoretical legal
connection between two identified legal entities, where one, the creditor, has the
right to a specific action from the other, the debtor, who in turn has the obligation to
fulfill that action. (Scott, Property Law Study Guide 30).
1.2 Identify and briefly describe the nature of the real relationship between John and the
bicycle he is renting from Thebe. Provide reasons for your answer. [Your answer should
not exceed 10 lines.]
John is a lawful holder. john is in physical possession of rented bicycle with the Thebe's
consent. A lawful holder can be defined as a person who physically controls the thing
with the owner’s permission or on another legal basis, in order to derive some benefit
from it. The holder does not regard himself/herself as the owner; nor does he/she
pretend to be the owner: He/she exercises control while recognising and respecting the
owner’s ownership. S Scott, Property Law Study Guide (PVL301) (Department of
Private Law Unisa, 2016 page 151)
1.3 Explain the nature of the right Thebe retains over the bicycle that he is renting to
John for the cycling challenge. In your answer, clarify how this right is limited
under the current circumstances. Provide reasons for your answer. [10] [Your
answer should not exceed 10 lines.]
Thebe has real right over the bicycle. Thebe as an owner has compressive real right
over the car (see study guide p41). Ownership can be defined as the most
comprehensive real right that a person can have with regards to his/her thing. In
principle, a person can act upon and with his/her thing as he/she pleases. This
apparent freedom is restricted, however by the law and the rights of others. In this
scenario the ownership is not limited by personal right although at any time thebe
can cancel the lease agreement depending on the nature of agreement ( page 58)
