Q&A 100% Solved
Interdict - ✔✔A summary court order applied for on an urgent basis. Applicant
may apply for an order forcing a person to do something or to refrain from
doing something. Speedy remedy where rights have been infringed or are about
to be infringed
Requirements for an interdict - ✔✔- a clear right
- an actual or reasonably apprehended violation of a right
- no similar protection by any other ordinary remedy
*Setlogelo v Setlogelo
Delivery with the short hand? - ✔✔- no transfer of physical control takes place
- since the transferee is already in control of the thing, although not as the
owner
Entitlements? - ✔✔- capacities conferred on the legal subject by virtue of a
right, in this case the real right of ownership
- emanate from rights
- use & enjoy ; enjoy the fruits ; control ; consume ; alienate ; burden ; vindicate
1|Page
©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025.
, Consumable - ✔✔things that are used up or their value is considerably
diminished by ordinary use eg pencils, food stuffs
Non consumable - ✔✔are preserved in spite of normal use eg car, stove
Property? - ✔✔- everything that forms part of a persons estate
- in narrow sense, refers to the law of things which is the system of legal rules
that regulates legal relationships between legal subjects in regard to a particular
legal object, namely a thing
Things? - ✔✔- a branch of private law which consists of a number of legal rules
that determine the nature, context, vesting, protection, transfer and
termination of various real relationships between a legal subject and a thing as
well as the rights and duties ensuing from these relationships
Derivative method of acquisition of ownership - ✔✔- occur with the
cooperation of a predecessor in title
- right which the transferee obtains is derived from the former owner
- predecessor in title should himself have been the owner and have been
entitled to transfer ownership
Original method of acquisition of ownership - ✔✔- used when there is no
cooperation from a predecessor in title
2|Page
©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025.