lOMoARcPSD|30970899
PVL3701-exam problem recognised
questions and answers
,lOMoARcPSD|30970899
, lOMoARcPSD|30970899
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The following valid defences may be raised against the spoliation remedy:
C,) The applicant did not have peaceful and undisturbed control at the time of spoliation.
Bear in mind that there are different forms of physical control (on the nature of contrd see SU
8 above and Nienaber v Stuckey 1946 AD I 049).
(,i) The respondent did not disturb the applicant's contrd .
This defence is self-explanatory.
(iii) The disturbance was not unlawful.
Disturbance in terms of a court order, for example, is not unlawful.
PVL3701-exam problem recognised
questions and answers
,lOMoARcPSD|30970899
, lOMoARcPSD|30970899
Next page
The following valid defences may be raised against the spoliation remedy:
C,) The applicant did not have peaceful and undisturbed control at the time of spoliation.
Bear in mind that there are different forms of physical control (on the nature of contrd see SU
8 above and Nienaber v Stuckey 1946 AD I 049).
(,i) The respondent did not disturb the applicant's contrd .
This defence is self-explanatory.
(iii) The disturbance was not unlawful.
Disturbance in terms of a court order, for example, is not unlawful.