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Exam (elaborations)

HFL1501 Assignment 3 2024

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HFL1501 Assignment 3 2024










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Uploaded on
April 9, 2024
Number of pages
5
Written in
2023/2024
Type
Exam (elaborations)
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1. HFL1501-24-S1
2. Assessment 3



QUIZ

Assessment 3
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Question text
In which one of the following decisions did the Constitutional Court base its judgment on a principle of the
common law?


Port Elizabeth Municipality v Various Occupiers 2005 (1) SA 217 (CC)

Occupiers of Erven 87 & 88 Berea v Christiaan Frederick De Wet NO [2017] ZACC 18

Baron and others v Claytile (Pty) Limited and another [2017] ZACC 24

Daniels v Scribante and another [2017] ZACC 13
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Identify whether the following statement is true or false:
According to the narrow definition of a “thing”, it is regarded as either a corporeal or an incorporeal object.
Select one:
True
False


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Which one of the following statements regarding the Constitution is not correct?


The Bill of Rights, as contained in the Constitution, protects the rights of all persons in South Africa.

Section 8(1) of the Constitution states that all three spheres of government and organs of state are bound by
the Constitution.

The three spheres of government indicated in the Constitution are the executive, judicial and legislative
authorities.

The Bill of Rights, as contained in the Constitution, only protects the rights of South African citizens and
legal residents.
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Which one of the following statements regarding the protection of ownership is not correct?


The real right of ownership may be protected with either an action, an interdict, an exception or a condition.

The rei vindicatio is an example of a personal action.

The owner of a thing can institute the rei vindicatio against any person who is in possession of their thing.

Under modern South African law, the rei vindicatio is the strongest legal remedy the owner of a thing has to
claim that thing back from the person who is in possession thereof.
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Question text
Which one of the following statements regarding a limited real right is not correct?


The holder of a limited real right may have the right of use and enjoyment of a particular thing.

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