Tutorial Letter 201/1/2010
QUESTION 1
Which one of the following things is a composite thing?
(1) a dog
(2) a motor
(3) a glass
(4) a brick
ANSWER: (2)
COMMENTS:
(1) A dog is a singular thing.
(2) A motor is a composite thing and is made up of constituent parts which lost their
individuality.
(3) A glass is a singular thing.
(4) A brick is a singular thing.
(Study Guide page 36)
QUESTION 2
Which option is not a feature or characteristic of real rights?
(1) The rule prior in tempore potior in iure applies to real rights.
(2) Real rights grant preference in the case of insolvency.
(3) Real rights are unenforceable against bona fide third parties.
(4) The object of a real right is a thing.
ANSWER: (3)
COMMENTS:
(1) In the case of insolvency the maxim first in time stronger in law (prior in tempore potior
in iure) will apply in the case of two or more competing real rights.
(2) In the case of insolvency a real right enjoys preference over other rights.
(3) Real rights are absolute in principle and the real right holder can enforce
his/her right against bona fide third parties.
(4) The object of a real right is a corporeal thing (leaving aside the exception of a pledge of
claims).
(Study Guide pages 44-45)
QUESTION 3
Which option does not reflect a recognised subdivision of neighbour law?
(1) lateral support
(2) planting of trees
,(3) interference with the natural flow of water
(4) nuisance
ANSWER: (2)
COMMENTS:
The recognised subdivisions of neighbour law are: nuisance; lateral and surface support;
encroachments; surface water; party walls and fences and elimination of danger.
(1) Lateral support is a recognised subdivision of neighbour law.
(2) Planting of trees is not a recognised subdivision of neighbour law, it is a subdivision of
encroachments.
(3) Interference with the natural flow of water is a recognised subdivision of neighbour law.
(4) Nuisance is a recognised subdivision of neighbour law.
(Study Guide pages 57-59)
QUESTION 4
Which option is the odd one out?
(1) a carp swimming around in the Roodeplaat dam
(2) a kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre
high game proof fence and with the mark QR on them
(3) a wounded impala which has been shot on X’s unfenced farm and which is being
pursued by hunter Z
(4) a Congolese wood parrot which lived for two years in an open cage in the lounge
of Z’s Waterkloof home, but flew away and now lives in the trees at Magnolia Dell
ANSWER: (2)
COMMENTS:
(1) A carp swimming around in the Roodeplaat dam is a thing that is susceptible to
ownership, but that belongs to no-one at this particular stage and can therefore be
categorized as a res nullius.
(2) A kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high
game proof fence and with the mark QR on him belongs to Q and R and forms part of Q
and R’s estate and can therefore be classified as a res alicuius.
(3) A wounded impala which has been shot on X’s unfenced farm and which is being
pursued by hunter Z is a res nullius. If Z catches it he can obtain ownership through
appropriation if all the requirements are met.
(4) A Congolese wood parrot which lived for two years in an open cage in the lounge of Z’s
Waterkloof home, but flew away and now lives in the trees at Magnolia Dell reverted to his
former wild state, after having been controlled by a person, and is regarded as a res
nullius. (Study Guide pages 36 and 70)
QUESTION 5
Indicate when natural interruption of prescription will occur:
(1) when a person is absent from the country because of war
(2) when a fiduciarius has alienated fideicommissary goods without the power to alienate it
(3) when summons, claiming ownership of the thing, is served
,(4) when the acquirer lost possession of the thing, by relinquishing it voluntarily or
when the thing was forcibly taken from him/her.
ANSWER: No correct answer. Please note that all students will get a mark
for this question irrespective of their answer.
COMMENTS:
(1) Prescription will be suspended when a person is absent from the country because
of war.
(2) Prescription will be suspended when a fiduciarius has alienated fideicommissary
goods without the power to alienate it.
(3) Prescription will not be interrupted when summons, claiming ownership of the thing,
is served. Interruption only occurs if the person who claims ownership succeeds in
carrying his/her claim to the final judgment.
(4) Prescription will not be interrupted when the acquirer lost possession of the thing,
by relinquishing it voluntarily or when the thing was forcibly taken from him/her.
Prescription can only be interrupted through voluntary loss of possession.
(Study Guide pages 85-86)
QUESTION 6
Which option is not a requirement or characteristic of treasure trove as an original mode
of acquisition of ownership?
(1) The treasure must be a valuable movable or immovable thing.
(2) The finder must exercise some kind of physical control over the treasure.
(3) The original owner of the treasure cannot be found.
(4) A valuable thing lying openly on the ground can never qualify as a treasure for
purposes of treasure trove.
ANSWER: (1)
COMMENTS:
(1) The treasure must be a valuable movable thing. The treasure cannot be an
immovable thing.
(2) The finder must exercise some kind of physical control over the treasure.
(3) The original owner of the treasure cannot be found.
(4) A valuable thing lying openly on the ground can never qualify as a treasure for
purposes of treasure trove.
(Study Guide page 81)
QUESTION 7
Indicate the false option in respect of the requirements for attornment:
(1) A tripartite agreement must exist between all three parties concerned.
(2) The third party (holder) must be in control of the thing when the tripartite
agreement is concluded.
(3) The third party (holder) can consent in advance to a future transfer of ownership.
, (4) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court
held that all the requirements for attornment were complied with.
ANSWER: Both 3 and 4 are incorrect. Please note that all students will get a mark for
this question irrespective of their answer.
COMMENTS:
(1) One of the requirements for attornment to take place is that there must be a tripartite
agreement between the transferor, the transferee and the third party holder in terms of
which the holder will continue to hold for the transferee and no longer for the transferor.
(2) Another requirement for attornment to take place is that the third party (holder)
should exercise physical control at the moment of transfer from the transferor to
the transferee.
(3) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court
held that the third party (holder) can consent in advance to a future transfer of
ownership. In this case a new form of delivery was recognized.
(4) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) a new form of
delivery was acknowledged.
(Study Guide pages 107-108)
QUESTION 8
Give an example of delivery with the long hand:
(1) A flock of sheep pointed out in the presence of the transferee.
(2) The delivery of the keys to a motor.
(3) X bought a watch from a jeweller and leaves it with the jeweller for cleaning.
(4) X hires a motor from Y and then purchases it from Y.
ANSWER: (1)
COMMENTS:
(1) A flock of sheep pointed out in the presence of the transferee is an example of
delivery with the long hand (traditio longa manu).
(2) The delivery of the keys to a motor is an example of symbolic delivery.
(3) An example of constitutum possessorium would be when X buys a watch from
a jeweller and leaves it with the jeweller for cleaning.
(4) An example of delivery with the short hand (traditio brevi manu) would be when X
hires a motor from Y and then purchases it from Y.
(Study Guide pages 105-106)
QUESTION 9
Which option is the odd one out?
(1) In order to succeed with the Aquilian action a causal connection between the
patrimonial loss and the conduct of the defendant a just balance between the public
interest and the interests of those affected has to be proved.
(2) The Aquilian action can be instituted against anyone who causes damage due to an
intentional or negligent act.
(3) Damages can be claimed with the Aquilian action.
QUESTION 1
Which one of the following things is a composite thing?
(1) a dog
(2) a motor
(3) a glass
(4) a brick
ANSWER: (2)
COMMENTS:
(1) A dog is a singular thing.
(2) A motor is a composite thing and is made up of constituent parts which lost their
individuality.
(3) A glass is a singular thing.
(4) A brick is a singular thing.
(Study Guide page 36)
QUESTION 2
Which option is not a feature or characteristic of real rights?
(1) The rule prior in tempore potior in iure applies to real rights.
(2) Real rights grant preference in the case of insolvency.
(3) Real rights are unenforceable against bona fide third parties.
(4) The object of a real right is a thing.
ANSWER: (3)
COMMENTS:
(1) In the case of insolvency the maxim first in time stronger in law (prior in tempore potior
in iure) will apply in the case of two or more competing real rights.
(2) In the case of insolvency a real right enjoys preference over other rights.
(3) Real rights are absolute in principle and the real right holder can enforce
his/her right against bona fide third parties.
(4) The object of a real right is a corporeal thing (leaving aside the exception of a pledge of
claims).
(Study Guide pages 44-45)
QUESTION 3
Which option does not reflect a recognised subdivision of neighbour law?
(1) lateral support
(2) planting of trees
,(3) interference with the natural flow of water
(4) nuisance
ANSWER: (2)
COMMENTS:
The recognised subdivisions of neighbour law are: nuisance; lateral and surface support;
encroachments; surface water; party walls and fences and elimination of danger.
(1) Lateral support is a recognised subdivision of neighbour law.
(2) Planting of trees is not a recognised subdivision of neighbour law, it is a subdivision of
encroachments.
(3) Interference with the natural flow of water is a recognised subdivision of neighbour law.
(4) Nuisance is a recognised subdivision of neighbour law.
(Study Guide pages 57-59)
QUESTION 4
Which option is the odd one out?
(1) a carp swimming around in the Roodeplaat dam
(2) a kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre
high game proof fence and with the mark QR on them
(3) a wounded impala which has been shot on X’s unfenced farm and which is being
pursued by hunter Z
(4) a Congolese wood parrot which lived for two years in an open cage in the lounge
of Z’s Waterkloof home, but flew away and now lives in the trees at Magnolia Dell
ANSWER: (2)
COMMENTS:
(1) A carp swimming around in the Roodeplaat dam is a thing that is susceptible to
ownership, but that belongs to no-one at this particular stage and can therefore be
categorized as a res nullius.
(2) A kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high
game proof fence and with the mark QR on him belongs to Q and R and forms part of Q
and R’s estate and can therefore be classified as a res alicuius.
(3) A wounded impala which has been shot on X’s unfenced farm and which is being
pursued by hunter Z is a res nullius. If Z catches it he can obtain ownership through
appropriation if all the requirements are met.
(4) A Congolese wood parrot which lived for two years in an open cage in the lounge of Z’s
Waterkloof home, but flew away and now lives in the trees at Magnolia Dell reverted to his
former wild state, after having been controlled by a person, and is regarded as a res
nullius. (Study Guide pages 36 and 70)
QUESTION 5
Indicate when natural interruption of prescription will occur:
(1) when a person is absent from the country because of war
(2) when a fiduciarius has alienated fideicommissary goods without the power to alienate it
(3) when summons, claiming ownership of the thing, is served
,(4) when the acquirer lost possession of the thing, by relinquishing it voluntarily or
when the thing was forcibly taken from him/her.
ANSWER: No correct answer. Please note that all students will get a mark
for this question irrespective of their answer.
COMMENTS:
(1) Prescription will be suspended when a person is absent from the country because
of war.
(2) Prescription will be suspended when a fiduciarius has alienated fideicommissary
goods without the power to alienate it.
(3) Prescription will not be interrupted when summons, claiming ownership of the thing,
is served. Interruption only occurs if the person who claims ownership succeeds in
carrying his/her claim to the final judgment.
(4) Prescription will not be interrupted when the acquirer lost possession of the thing,
by relinquishing it voluntarily or when the thing was forcibly taken from him/her.
Prescription can only be interrupted through voluntary loss of possession.
(Study Guide pages 85-86)
QUESTION 6
Which option is not a requirement or characteristic of treasure trove as an original mode
of acquisition of ownership?
(1) The treasure must be a valuable movable or immovable thing.
(2) The finder must exercise some kind of physical control over the treasure.
(3) The original owner of the treasure cannot be found.
(4) A valuable thing lying openly on the ground can never qualify as a treasure for
purposes of treasure trove.
ANSWER: (1)
COMMENTS:
(1) The treasure must be a valuable movable thing. The treasure cannot be an
immovable thing.
(2) The finder must exercise some kind of physical control over the treasure.
(3) The original owner of the treasure cannot be found.
(4) A valuable thing lying openly on the ground can never qualify as a treasure for
purposes of treasure trove.
(Study Guide page 81)
QUESTION 7
Indicate the false option in respect of the requirements for attornment:
(1) A tripartite agreement must exist between all three parties concerned.
(2) The third party (holder) must be in control of the thing when the tripartite
agreement is concluded.
(3) The third party (holder) can consent in advance to a future transfer of ownership.
, (4) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court
held that all the requirements for attornment were complied with.
ANSWER: Both 3 and 4 are incorrect. Please note that all students will get a mark for
this question irrespective of their answer.
COMMENTS:
(1) One of the requirements for attornment to take place is that there must be a tripartite
agreement between the transferor, the transferee and the third party holder in terms of
which the holder will continue to hold for the transferee and no longer for the transferor.
(2) Another requirement for attornment to take place is that the third party (holder)
should exercise physical control at the moment of transfer from the transferor to
the transferee.
(3) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court
held that the third party (holder) can consent in advance to a future transfer of
ownership. In this case a new form of delivery was recognized.
(4) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) a new form of
delivery was acknowledged.
(Study Guide pages 107-108)
QUESTION 8
Give an example of delivery with the long hand:
(1) A flock of sheep pointed out in the presence of the transferee.
(2) The delivery of the keys to a motor.
(3) X bought a watch from a jeweller and leaves it with the jeweller for cleaning.
(4) X hires a motor from Y and then purchases it from Y.
ANSWER: (1)
COMMENTS:
(1) A flock of sheep pointed out in the presence of the transferee is an example of
delivery with the long hand (traditio longa manu).
(2) The delivery of the keys to a motor is an example of symbolic delivery.
(3) An example of constitutum possessorium would be when X buys a watch from
a jeweller and leaves it with the jeweller for cleaning.
(4) An example of delivery with the short hand (traditio brevi manu) would be when X
hires a motor from Y and then purchases it from Y.
(Study Guide pages 105-106)
QUESTION 9
Which option is the odd one out?
(1) In order to succeed with the Aquilian action a causal connection between the
patrimonial loss and the conduct of the defendant a just balance between the public
interest and the interests of those affected has to be proved.
(2) The Aquilian action can be instituted against anyone who causes damage due to an
intentional or negligent act.
(3) Damages can be claimed with the Aquilian action.
