PVL3701 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

PVL3701 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references , While reading the Study Units and the USS Graphics (Pty) Ltd judgment, focus on the nature of the different rights that are dealt with in this module, namely personal rights, real rights and limited real rights (Study Unit 2). Keep in mind that ownership is the most complete real right that a person can have regarding his or her own thing, but the law and the rights of others can limit this right (Study Unit 3). Real rights such as ownership and limited real rights like servitudes, should be registered in the Deeds Registry, while personal rights are usually not registered. Ownership can be acquired in different ways, either through original means or through derivative means (Study Units 4 and 5). Certain remedies exist to protect the rights and interests of persons (Study Unit 6). Against this background, consider the following set of facts: Evergreen Printing, a company owned by Mr Mboweni, is the owner of a lithographic printing machine and a compressor that weighs 150 tons. 5 USS Graphics, a company owned by Mr Viljoen, entered into a two-year agreement with Evergreen Printing to lease the printing machine and compressor at his home. Mr Mboweni has a long-standing relationship with Mr Viljoen as both are involved in the printing industry. USS Graphics’ business is operating in Mr Viljoen’s house’s garage (an immovable thing) with consent from the local authority. To operate optimally, the printing machine and compressor were attached to the floor and walls. After two years, the lease agreement was not renewed. Because Mr Viljoen’s company was extremely profitable, USS Graphics, decided to continue using the printing machine and compressor even after the expiry of the agreement. Mr Mboweni was not happy about this situation. His company (Evergreen Printing) was losing revenue because USS Graphics was using the printing machine and the compressor without paying rent. Evergreen printing therefore wanted to reclaim them. However, Mr Viljoen refuses to return them and argues that they belong to his company. Against this background, answer questions 1-3: Question 1 Would Mr Mboweni’s Evergreen Printing Company be able to vindicate the printing machine and compressor from Mr Viljoen’s garage, and what must it prove to succeed in court? In your answer, refer to the Study Guide and the USS Graphics (Pty) Ltd case. (5) Question 2 What is the most likely legal route Mr Viljoen can possibly rely on in response to the Evergreen Printing Company’s averment? With reference to your Study Guide and the USS Graphics (Pty) Ltd case, identify and briefly discuss the nature of this potential legal route that could be followed. Question 3 Did the attachment of the printing machine and compressor to Mr Viljoen’s property meet the requirements of the aforementioned legal route under South African law? Explain why or why not with reference to your Study Guide and the USS Graphics (Pty) Ltd case