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PVL3703 Assignment 2
(100% COMPLETE
GUIDELINE) Semester 1
2025 - DUE 23 April 2025
NO PLAGIARISM
[Year]
,PVL3703
ASSIGNMENT 2 (QUIZ)
DUE DATE: 23 APRIL 2025
Started on: Tuesday, 8 April 2025, 8:56 PM
State: Finished
Completed on: Tuesday, 8 April 2025, 11:17 AM
Time taken: 14 hours 21 mins
Question 1
Complete
Mark 2 out of 2
Which one of the following is NOT considered a category of subjective rights?
a. Impersonal material property rights.
b. Immaterial property rights.
c. Personal rights.
d. Personality rights.
The correct answer is: Impersonal material property rights.
The correct answer is a. Impersonal material property rights, and here's why:
In legal terms, subjective rights refer to the rights a person has in relation to other persons or
things, and they fall into three main categories:
1. Real rights (also known as rights in rem) – These are rights a person has over a thing,
such as ownership of property.
2. Personal rights (rights in personam) – These are rights a person has against another
person, for example, the right to claim payment from someone in terms of a contract.
3. Personality rights – These are rights protecting aspects of a person’s personality, such
as the right to dignity, reputation, and privacy.
4. Immaterial property rights – These involve intangible creations of the mind, such as
copyright and patents.
Now, looking at option a: "Impersonal material property rights", this term does not exist as a
recognized category in legal doctrine. It’s a distractor because it combines terms incorrectly:
"Impersonal" contradicts the idea of rights that belong to a legal subject (a person).
"Material property rights" could suggest real rights, but the term “impersonal” makes it
invalid in this context.
,So, “impersonal material property rights” is not a category of subjective rights — it’s a
made-up or incorrect term, which is why it’s the correct answer to the question.
Stavros, a restaurant owner, gives informal investment advice to Tim. Tim, relying on this
advice, makes a bad investment and he suffers pure economic loss. If Tim wishes to institute a
delictual action against Stavros, he would need to prove that Stavros had the following form/s of
fault (select the best option):
a. Because no wrongfulness is present, it will not serve any purpose to prove any form of fault.
b. Intention or negligence.
c. Negligence. ✅
d. Intention.
The correct answer is: c. Negligence. ✅
Explanation:
In South African delict law, when someone suffers pure economic loss (financial loss that is not
connected to physical harm or damage to property), the law allows them to claim compensation
only under certain strict conditions, because this type of loss is more difficult to manage fairly
in the legal system.
If Tim wants to claim for pure economic loss based on delict, he must prove all the usual
elements of a delictual claim:
1. Conduct
2. Wrongfulness
3. Fault
4. Causation
5. Harm (in this case, financial loss)
What kind of fault must be proven?
For pure economic loss, the courts generally require fault in the form of negligence, rather
than intention. This is because:
Negligence occurs when a person fails to act as a reasonable person would in the same
situation.
Intention is harder to prove and is more relevant in cases of intentional harm, such as
defamation or assault.
Applying it to the scenario:
Stavros gave informal advice.
, He did not intend for Tim to suffer a loss.
Tim relied on that advice and suffered financial harm.
To succeed, Tim would need to prove that Stavros acted negligently—that a reasonable
person in Stavros’s position would not have given such advice or would have warned
Tim not to rely on it.
So, the most appropriate form of fault that Tim must prove is negligence, making option c the
correct and best answer.
Which one of the following is NOT considered a category of subjective rights?
Answer choices:
a. Impersonal material property rights ❌ ← Correct Answer
b. Immaterial property rights
c. Personal rights
d. Personality rights
The correct answer is: Impersonal material property rights.
Explanation:
In South African private law, subjective rights are legal rights that belong to a legal subject (a
person or entity) and can be enforced against others. These rights are typically divided into three
main categories:
1. Personal rights – Rights against another person (e.g., the right to claim performance
from a contract).
2. Real rights (also called material rights) – Rights in relation to a thing (e.g., ownership
of land or property).
3. Personality rights – Rights that protect personal aspects of a person (e.g., the right to
dignity, privacy, and reputation).
4. Immaterial property rights – Rights over intangible creations (e.g., copyright,
trademarks, and patents).
The option "impersonal material property rights" is not a recognised category because:
"Impersonal" contradicts the nature of subjective rights, which are inherently personal,
belonging to a specific subject (a person or legal entity).
PVL3703 Assignment 2
(100% COMPLETE
GUIDELINE) Semester 1
2025 - DUE 23 April 2025
NO PLAGIARISM
[Year]
,PVL3703
ASSIGNMENT 2 (QUIZ)
DUE DATE: 23 APRIL 2025
Started on: Tuesday, 8 April 2025, 8:56 PM
State: Finished
Completed on: Tuesday, 8 April 2025, 11:17 AM
Time taken: 14 hours 21 mins
Question 1
Complete
Mark 2 out of 2
Which one of the following is NOT considered a category of subjective rights?
a. Impersonal material property rights.
b. Immaterial property rights.
c. Personal rights.
d. Personality rights.
The correct answer is: Impersonal material property rights.
The correct answer is a. Impersonal material property rights, and here's why:
In legal terms, subjective rights refer to the rights a person has in relation to other persons or
things, and they fall into three main categories:
1. Real rights (also known as rights in rem) – These are rights a person has over a thing,
such as ownership of property.
2. Personal rights (rights in personam) – These are rights a person has against another
person, for example, the right to claim payment from someone in terms of a contract.
3. Personality rights – These are rights protecting aspects of a person’s personality, such
as the right to dignity, reputation, and privacy.
4. Immaterial property rights – These involve intangible creations of the mind, such as
copyright and patents.
Now, looking at option a: "Impersonal material property rights", this term does not exist as a
recognized category in legal doctrine. It’s a distractor because it combines terms incorrectly:
"Impersonal" contradicts the idea of rights that belong to a legal subject (a person).
"Material property rights" could suggest real rights, but the term “impersonal” makes it
invalid in this context.
,So, “impersonal material property rights” is not a category of subjective rights — it’s a
made-up or incorrect term, which is why it’s the correct answer to the question.
Stavros, a restaurant owner, gives informal investment advice to Tim. Tim, relying on this
advice, makes a bad investment and he suffers pure economic loss. If Tim wishes to institute a
delictual action against Stavros, he would need to prove that Stavros had the following form/s of
fault (select the best option):
a. Because no wrongfulness is present, it will not serve any purpose to prove any form of fault.
b. Intention or negligence.
c. Negligence. ✅
d. Intention.
The correct answer is: c. Negligence. ✅
Explanation:
In South African delict law, when someone suffers pure economic loss (financial loss that is not
connected to physical harm or damage to property), the law allows them to claim compensation
only under certain strict conditions, because this type of loss is more difficult to manage fairly
in the legal system.
If Tim wants to claim for pure economic loss based on delict, he must prove all the usual
elements of a delictual claim:
1. Conduct
2. Wrongfulness
3. Fault
4. Causation
5. Harm (in this case, financial loss)
What kind of fault must be proven?
For pure economic loss, the courts generally require fault in the form of negligence, rather
than intention. This is because:
Negligence occurs when a person fails to act as a reasonable person would in the same
situation.
Intention is harder to prove and is more relevant in cases of intentional harm, such as
defamation or assault.
Applying it to the scenario:
Stavros gave informal advice.
, He did not intend for Tim to suffer a loss.
Tim relied on that advice and suffered financial harm.
To succeed, Tim would need to prove that Stavros acted negligently—that a reasonable
person in Stavros’s position would not have given such advice or would have warned
Tim not to rely on it.
So, the most appropriate form of fault that Tim must prove is negligence, making option c the
correct and best answer.
Which one of the following is NOT considered a category of subjective rights?
Answer choices:
a. Impersonal material property rights ❌ ← Correct Answer
b. Immaterial property rights
c. Personal rights
d. Personality rights
The correct answer is: Impersonal material property rights.
Explanation:
In South African private law, subjective rights are legal rights that belong to a legal subject (a
person or entity) and can be enforced against others. These rights are typically divided into three
main categories:
1. Personal rights – Rights against another person (e.g., the right to claim performance
from a contract).
2. Real rights (also called material rights) – Rights in relation to a thing (e.g., ownership
of land or property).
3. Personality rights – Rights that protect personal aspects of a person (e.g., the right to
dignity, privacy, and reputation).
4. Immaterial property rights – Rights over intangible creations (e.g., copyright,
trademarks, and patents).
The option "impersonal material property rights" is not a recognised category because:
"Impersonal" contradicts the nature of subjective rights, which are inherently personal,
belonging to a specific subject (a person or legal entity).
