PVL3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (388427) - DUE 23 September 2024

PVL3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 (388427) - DUE 23 September 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us.. Question 1 Not yet answered Marked out of 2 QUIZ A composite thing usually consists of three various constituent parts. Which one of the following is not part of a compositething? Select one: a. An accessory thing b. An auxiliary thing c. A fungible thing d. A principal thing Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 2 Not yet answered Marked out of 2 QUIZ Lindiwe and Fikile are neighbours. Fikile planted trees next to their boundary. The branches of the trees are encroaching onLindiwe’s land. Which one of the following statements is incorrect regarding Lindiwe’s remedies? Select one: a. Lindiwe can request Fikile to remove the branches on Lindiwe’s side of the boundary. b. If Fikile refuses to remove the tree branches on Lindiwe’s side of the boundary, Lindiwe can approach the court for anorder compelling Fikile to remove the tree branches. c. Lindiwe may not keep the branches of Fikile’s trees even if Fikile consents or fails to remove them within areasonable time after Lindiwe’s request for removal. d. Lindiwe may remove tree branches on her side of the boundary herself. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 3 Not yet answered Marked out of 2 QUIZ Indicate the correct option. In MacDonald Ltd v Radin & The Potchefstroom Dairies & Industries Co Ltd (1915 AD 454) the … Select one: a. court stated that the consideration of the nature and purpose of the attached thing and the manner and degree ofattachment was irrelevant. b. court stated that the consideration of the intention of the owner of the attached thing (movable) was irrelevant. c. movable things were attached by the owner of the land. d. movable things were bought on credit and were attached to land that was purchased in terms of an instalment saleagreement. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 4 Not yet answered Marked out of 2 QUIZ Indicate the incorrect option. To succeed with the rei vindicatio the person who institutes the remedy has to prove that … Select one: a. the defendant is in control of the claimed thing. b. the thing that is claimed is a movable thing. c. the claimed thing exists and is identifi able. d. he/she is the owner of the thing that is claimed. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 6 Not yet answered Marked out of 2 QUIZ Indicate the incorrect option. Jane owns an iPhone. Jane’s ownership over the phone could be terminated in the following ways: Select one: a. Jane loses her iPhone at OR Thambo international airport. b. Jane gives the iPhone to her younger brother as a gift. c. Jane sells the iPhone to her friend for R2000 and delivers it to her. d. Jane’s iPhone accidently falls in the washing machine, it is destroyed. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 7 Not yet answered Marked out of 2 QUIZ Shonisani lent her car to Lutendo, her brother, while she was going on holiday to the Victoria Falls. After doing shopping inMetrosun Mall, Lutendo discovered that Shonisani’s car has been stolen by Nhlamulo. Lutendo reported the theft at thenearest police station. Several weeks after returning from holiday, Shonisani saw her car been driven by Nhlamulo. Besidesthe rei vindicatio, which remedy can Shonisani institute against Nhlamulo? Select one: a. actio negatoria b. condictio furtiva c. interdict d. spoliation remedy Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 8 Not yet answered Marked out of 2 QUIZ Which one of the following real relationships is always lawful ? Select one: a. bona fi de possession b. ownership c. holdership d. mala fi de possession Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 9 Not yet answered Marked out of 2 QUIZ After buying food items at the supermarket, Reagan took Lesego’s luggage bag from the parcel counter, thinking that it is his.Reagan only realised that the luggage bag is not his when he got home. Although Reagan is not the owner of the luggage bag,he has a legal relationship with the bag. Reagan can be described as a … Select one: a. mala fi de possessor. b. bona fi de possessor. c. mala fi de unlawful holder. d. bona fi de unlawful holder. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 10 Not yet answered Marked out of 2 QUIZ Indicate the correct option: How does a personal servitude differ from a praedial servitude? Select one: a. A praedial servitude is a limited real right whereas a personal servitude is a personal right. b. A praedial servitude is created in favour of a piece of land, while personal servitudes benefi t someone in his/herpersonal capacity. c. Praedial servitudes last for the holder’s lifetime and personal servitudes lasts indefi nitely. d. A praedial servitude is a right in favour of movable property whereas a personal servitude is a right in favour of one’spersonal property. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 11 Not yet answered Marked out of 2 QUIZ Vincent, a law graduate who completed his articles, wants to attend a course on conveyancing to help him prepare for theLaw Society conveyancing examination. The cost of the course is R4300. Vincent does not have enough money and wants toborrow money from his uncle James. James insists on some form of security for the repayment of the R4300. Vincent givesJames his gold watch, which he inherited from his father, as security for repayment of the debt. In order to attend the course,Vincent must travel from his hometown, Middelburg, to Pretoria and will have to arrange accommodation for a week. Theseexpenses, for the travel and accommodation, amounts to R4000. His friend, David, lends him R4000 and say he can repay himwhen he has enough money. Indicate the correct option. Select one: a. David has a right of pledge against Vincent. b. David has a real security right against Vincent. c. David has a secured personal/creditor’s right against Vincent. d. David has an unsecured personal/creditor’s right against Vincent. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 12 Not yet answered Marked out of 2 QUIZ Mike has a right of way (registered servitude), over Lebo’s farm. Mike has a dairy farm and uses the road to transport his milkto different shops in the area. One day Mike and Lebo have a difference of opinion, after which Lebo locks the gate that givesMike access to the road. Does Mike have any remedies ? Select one: a. No, as owner of the farm Lebo may do with it as she pleases, and she may prevent Mike from using the road over herfarm. b. Yes, Mike can institute the actio negatoria against Lebo to open the gate c. Yes, Mike’s personal servitude grants him a personal right against Lebo to use the road. d. Yes, Mike can institute a mandatory interdict against Lebo to open the gate. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 13 Not yet answered Marked out of 2 QUIZ Dikeledi lends R16000 to Kagiso and she (Dikeledi) secures payment of the loan by registering a special notarial bond overKagiso’s car. Kagiso owes Ofentse R19000 as a result of a collision that occurred between Kagiso and Ofentse. Kagisobecomes insolvent before repaying Dikeledi and before paying Ofentse. In this scenario, who has a preferent claim againstKagiso’s insolvent estate? Select one: a. Ofentse, because he has a personal right against Kagiso’s insolvent estate. b. Dikeledi, because the smaller amount must be paid fi rst. c. Dikeledi, because she has a limited real right over Kagiso’s car. d. Ofentse, because the larger amount must be paid fi rst. Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 14 Not yet answered Marked out of 2 QUIZ The Sebenzile Group bought a piece of land in Sunnyside to erect a block of residential fl ats and sell them. They applied forthe opening of a sectional title scheme in terms of the Sectional Titles Act 95 of 1986. The scheme was approved and iscalled “Sunny Hill”. Sunny Hill consists of two blocks of fi ve fl oors each. There are fi ve fl ats, each with its own balcony, onevery fl oor. Furthermore, each fl oor has a main corridor, lifts and stairways. Consider the following statements: (i) The Sectional Titles Act 95 of 1986 makes provision for the acquisition of separate ownership of sections. (ii) The body corporate determines undivided shares of owners of sections to the common property. (iii) The main corridor, lifts and stairways are known as common property. (iv) Owners of sections in the scheme are co-owners of common property. Which statement/s is/are incorrect ? Select one: a. (i) an (ii). b. (ii). c. (iii). d. (iii) and (iv). Clear my choice PVL3701-24-S2  Welcome Message  Assessment 2 Question 15 Not yet answered Marked out of 2 QUIZ Asha and Kagiso are neighbours living in Nzuri Gardens, a sectional title complex. Kagiso is the owner of his unit and Asharents the unit next to Kagiso. Asha’s brother, Phila, is unemployed and temporarily lives with Asha. One night, while Kagiso ison a business trip overseas, Phila takes Kagiso’s car, without his permission, to go to a party. On his way back from the partyPhila bumps the car into a pillar, causing a small dent in the bumper. The next morning Phila takes the car to Posh PanelBeaters to have the dent repaired. Two days later Phila fi nds a job in another town and moves out of Asha’s unit. When Kagiso returns home, he fi nds a note thatPhila left informing him that his car is at Posh Panel Beaters. Kagiso goes to Posh Panel Beaters and claims his car back.Posh Panel Beaters refuses to give Kagiso his car before he pays for the repairs. Kagiso refuses to pay, because he did notinstruct Posh Panel Beaters to repair his car. Indicate the incorrect option. Select one: a. Kagiso is a co-owner (joint ownership) of the common property in Nzuri Gardens. b. Kagiso is the individual owner (separate ownership) of his section in Nzuri Gardens. c. Kagiso is the individual owner (separate ownership) of his unit in Nzuri Gardens. d. Kagiso’s is a co-owner (joint ownership) of the common property and the individual owner (separate ownership) ofhis section in Nzuri Gardens.