Podcast
Questions and Answers
Which scenario exemplifies the increasing need for legal rules in modern society?
Which scenario exemplifies the increasing need for legal rules in modern society?
- A group of friends agreeing to share the costs of a weekend getaway.
- An individual choosing to resolve a dispute with a neighbor through mediation.
- A local community deciding to establish a neighborhood watch program.
- The complex transactions involved when an individual purchases breakfast cereal. (correct)
John Citizen travels to work using public transport. Which legal principle governs his use of the train?
John Citizen travels to work using public transport. Which legal principle governs his use of the train?
- Contract Law (correct)
- Law of Persons
- Family Law
- Company Law
An investor purchases shares in a company. What type of legal relationship does this establish?
An investor purchases shares in a company. What type of legal relationship does this establish?
- A membership relationship with a say in the company’s affairs. (correct)
- A consumer-trader relationship.
- A debtor-creditor relationship.
- A relationship governed by criminal law.
What is the primary goal of legal science?
What is the primary goal of legal science?
Which definition best describes a 'right' in the legal context?
Which definition best describes a 'right' in the legal context?
What is the fundamental difference between public law and private law?
What is the fundamental difference between public law and private law?
What is an example of a subdivision of private law?
What is an example of a subdivision of private law?
Which area of law is concerned with the regulations and rules that apply to businesses and commercial transactions?
Which area of law is concerned with the regulations and rules that apply to businesses and commercial transactions?
When a person dies with outstanding debts, who is responsible for settling these debts?
When a person dies with outstanding debts, who is responsible for settling these debts?
In the context of deceased estates, what is the primary role of the executor?
In the context of deceased estates, what is the primary role of the executor?
What determines how the assets of a deceased's estate will be distributed?
What determines how the assets of a deceased's estate will be distributed?
Which area of law protects creations of the human intellect that have economic value, such as inventions and works of art?
Which area of law protects creations of the human intellect that have economic value, such as inventions and works of art?
Which of the following best describes 'incorporeal things' in the context of intellectual property?
Which of the following best describes 'incorporeal things' in the context of intellectual property?
In South Africa, which legislation primarily governs the law relating to trade marks?
In South Africa, which legislation primarily governs the law relating to trade marks?
What is the legal term for the bond or legal relationship that arises between legal subjects when a personal right comes into existence?
What is the legal term for the bond or legal relationship that arises between legal subjects when a personal right comes into existence?
Which of the following is NOT typically a cause for the creation of personal rights and obligations?
Which of the following is NOT typically a cause for the creation of personal rights and obligations?
In a contract, what is the 'legal object' referring to?
In a contract, what is the 'legal object' referring to?
In the example provided, Joan buys Steve's horse for R100. In this scenario, who is the obligee concerning the delivery of the horse?
In the example provided, Joan buys Steve's horse for R100. In this scenario, who is the obligee concerning the delivery of the horse?
What is the primary obligation that arises from a delict?
What is the primary obligation that arises from a delict?
What legal principle applies when someone is unjustly enriched at another's expense, creating an obligation to repay?
What legal principle applies when someone is unjustly enriched at another's expense, creating an obligation to repay?
Under what circumstances can a person typically recover compensation for damage suffered?
Under what circumstances can a person typically recover compensation for damage suffered?
What area of law defines what constitutes a delict and the remedies available to the injured party?
What area of law defines what constitutes a delict and the remedies available to the injured party?
A person's right of ownership to land is limited by which of the following?
A person's right of ownership to land is limited by which of the following?
Which of the following best describes why defining commercial law is challenging?
Which of the following best describes why defining commercial law is challenging?
A core feature of a juristic person is perpetual succession. What does perpetual succession ensure for a juristic person?
A core feature of a juristic person is perpetual succession. What does perpetual succession ensure for a juristic person?
Bill and Bob establish BB Investments (Pty) Ltd. If the company owns two cars, who legally owns the cars?
Bill and Bob establish BB Investments (Pty) Ltd. If the company owns two cars, who legally owns the cars?
What distinguishes a 'natural person' from a 'juristic person' in the context of commercial law?
What distinguishes a 'natural person' from a 'juristic person' in the context of commercial law?
Tom wants to purchase a car from BB Investments (Pty) Ltd. With whom should Tom conclude the contract?
Tom wants to purchase a car from BB Investments (Pty) Ltd. With whom should Tom conclude the contract?
Which of the following is an example of a juristic person?
Which of the following is an example of a juristic person?
If a company suffers a loss due to someone’s unlawful actions, who has the right to claim damages?
If a company suffers a loss due to someone’s unlawful actions, who has the right to claim damages?
What happens if Bill and Bob, the shareholders of BB Investments (Pty) Ltd, pass away?
What happens if Bill and Bob, the shareholders of BB Investments (Pty) Ltd, pass away?
Which of the following best exemplifies a 'legal object'?
Which of the following best exemplifies a 'legal object'?
Shareholders in a company have personal rights. Which of the following is an example of such a right?
Shareholders in a company have personal rights. Which of the following is an example of such a right?
Which of the following provides the most accurate explanation of a 'subjective right'?
Which of the following provides the most accurate explanation of a 'subjective right'?
Which of the following best exemplifies a praedial servitude?
Which of the following best exemplifies a praedial servitude?
Select the option which is NOT usually classified under commercial law:
Select the option which is NOT usually classified under commercial law:
Which of the following situations involves a personal servitude?
Which of the following situations involves a personal servitude?
What is meant when ownership is described as 'the most comprehensive real right of all'?
What is meant when ownership is described as 'the most comprehensive real right of all'?
Why is it important for the law to recognize entities other than human beings as legal subjects?
Why is it important for the law to recognize entities other than human beings as legal subjects?
What distinguishes intellectual property rights from personal rights?
What distinguishes intellectual property rights from personal rights?
How do personal rights differ fundamentally from personality rights?
How do personal rights differ fundamentally from personality rights?
Which of the following is an example of action relating to Labor Law?
Which of the following is an example of action relating to Labor Law?
At what point does a human being generally acquire legal capacity?
At what point does a human being generally acquire legal capacity?
What is the primary reason for protecting a deceased person's body and former assets?
What is the primary reason for protecting a deceased person's body and former assets?
What does the concept of 'status' refer to in the context of law of persons?
What does the concept of 'status' refer to in the context of law of persons?
Which of the following factors can determine the status of a legal subject?
Which of the following factors can determine the status of a legal subject?
Which area falls under the purview of family law?
Which area falls under the purview of family law?
The law of personality primarily aims to:
The law of personality primarily aims to:
In what way does criminal law intersect with the protection of personality rights?
In what way does criminal law intersect with the protection of personality rights?
Which scenario illustrates an infringement of personality rights?
Which scenario illustrates an infringement of personality rights?
How does the law of persons define a 'legal subject'?
How does the law of persons define a 'legal subject'?
What distinguishes public law status from private law status?
What distinguishes public law status from private law status?
Which of the following scenarios falls under the jurisdiction of the 'law of parent and child'?
Which of the following scenarios falls under the jurisdiction of the 'law of parent and child'?
Which of the following scenarios best illustrates an infringement of a person's right to privacy?
Which of the following scenarios best illustrates an infringement of a person's right to privacy?
Within the context of patrimonial law, what is the most accurate definition of a person's patrimony?
Within the context of patrimonial law, what is the most accurate definition of a person's patrimony?
Which of the following real rights grants the holder the most extensive powers over a property?
Which of the following real rights grants the holder the most extensive powers over a property?
In the context of real rights, if a person holds a right of pledge over a property, what specific power does this right grant them?
In the context of real rights, if a person holds a right of pledge over a property, what specific power does this right grant them?
Anna has ownership of a farm. Bheki has a right of usufruct, Carol has a mortgage, and Dolores has mineral rights. Which of the following statements is most accurate regarding their rights?
Anna has ownership of a farm. Bheki has a right of usufruct, Carol has a mortgage, and Dolores has mineral rights. Which of the following statements is most accurate regarding their rights?
While the right of ownership confers significant power over property, what fundamentally limits this power?
While the right of ownership confers significant power over property, what fundamentally limits this power?
Which of the following scenarios exemplifies a restriction on an owner's right to their property imposed by public law?
Which of the following scenarios exemplifies a restriction on an owner's right to their property imposed by public law?
An owner excavates their land in such a way that causes a neighbor's land to subside. Which of the following legal principles is being violated?
An owner excavates their land in such a way that causes a neighbor's land to subside. Which of the following legal principles is being violated?
What are the two essential elements required for legal possession of property?
What are the two essential elements required for legal possession of property?
Abdul owns a car but lends it to Bambi. In this scenario, who has ownership and who has possession?
Abdul owns a car but lends it to Bambi. In this scenario, who has ownership and who has possession?
Koos owns a house, but Gordon is repairing it and living there temporarily. Which statement accurately describes their legal relationship to the property?
Koos owns a house, but Gordon is repairing it and living there temporarily. Which statement accurately describes their legal relationship to the property?
Abdul locks his car and takes the key with him, even though he's far away. Does he have physical control?
Abdul locks his car and takes the key with him, even though he's far away. Does he have physical control?
Mpo holds Ned’s jacket for a few minutes while Ned works on her car. Does Mpo have legal possession of the jacket?
Mpo holds Ned’s jacket for a few minutes while Ned works on her car. Does Mpo have legal possession of the jacket?
Which scenario demonstrates the most direct infringement on the right to reputation?
Which scenario demonstrates the most direct infringement on the right to reputation?
A politician is featured in a cartoon that exaggerates their physical features and political stances. Under what condition is this considered permissible?
A politician is featured in a cartoon that exaggerates their physical features and political stances. Under what condition is this considered permissible?
What is the primary focus of a court when someone seeks the restoration of lost possession in a legal action?
What is the primary focus of a court when someone seeks the restoration of lost possession in a legal action?
Why is the law structured to protect mere possession of property, even against the owner's will?
Why is the law structured to protect mere possession of property, even against the owner's will?
What is the legal term for the remedy by which possession of property is restored?
What is the legal term for the remedy by which possession of property is restored?
If a person finds an abandoned item and takes it with the intention of claiming ownership, which method of acquiring ownership is this considered?
If a person finds an abandoned item and takes it with the intention of claiming ownership, which method of acquiring ownership is this considered?
What defines a servitude in property law?
What defines a servitude in property law?
John allows his cattle to graze on a section of his neighbor Peter's farm for 30 years, without Peter's permission. Assuming this was done openly, what legal principle might allow John to acquire ownership of that section of the farm?
John allows his cattle to graze on a section of his neighbor Peter's farm for 30 years, without Peter's permission. Assuming this was done openly, what legal principle might allow John to acquire ownership of that section of the farm?
Why is the acquisition of ownership through prescription considered an original method?
Why is the acquisition of ownership through prescription considered an original method?
A homeowner mistakenly builds a fence that slightly encroaches on their neighbor's property. According to the principles of property improvement, what is the homeowner's most likely recourse?
A homeowner mistakenly builds a fence that slightly encroaches on their neighbor's property. According to the principles of property improvement, what is the homeowner's most likely recourse?
Consider a scenario where John has the right to cross his neighbor Emily's land to access his property. What type of servitude does John hold, and what is John's property legally called?
Consider a scenario where John has the right to cross his neighbor Emily's land to access his property. What type of servitude does John hold, and what is John's property legally called?
Referring to property improvement, what determines the amount of compensation claimable?
Referring to property improvement, what determines the amount of compensation claimable?
If the owner of a dominant tenement experiences loss due to obstruction of their servitude rights, what recourse does the owner have?
If the owner of a dominant tenement experiences loss due to obstruction of their servitude rights, what recourse does the owner have?
What is the key requirement, besides physical transfer, for ownership to pass from a seller to a buyer in the case of movable property?
What is the key requirement, besides physical transfer, for ownership to pass from a seller to a buyer in the case of movable property?
How is a servitude typically established?
How is a servitude typically established?
In a scenario where Sarah intends to donate a bicycle to Emily, but Mark intercepts the bicycle, mistakenly believing it was intended for him, and Emily never receives the bicycle. Who owns the bicycle?
In a scenario where Sarah intends to donate a bicycle to Emily, but Mark intercepts the bicycle, mistakenly believing it was intended for him, and Emily never receives the bicycle. Who owns the bicycle?
In a scenario of negotiorum gestio, what condition must be met for the person whose affairs were managed to be obligated to compensate the manager?
In a scenario of negotiorum gestio, what condition must be met for the person whose affairs were managed to be obligated to compensate the manager?
Under what conditions can a servitude be acquired through prescription?
Under what conditions can a servitude be acquired through prescription?
In 'Improvements to Property', if the true owner does not want the improvements, what is the next course of action?
In 'Improvements to Property', if the true owner does not want the improvements, what is the next course of action?
To acquire ownership of immovable property, such as land, what action is required instead of physical delivery?
To acquire ownership of immovable property, such as land, what action is required instead of physical delivery?
What is the key distinction that differentiates negotiorum gestio from other forms of voluntary intervention?
What is the key distinction that differentiates negotiorum gestio from other forms of voluntary intervention?
What legal remedy allows an owner to reclaim property from someone who is wrongfully in possession of it?
What legal remedy allows an owner to reclaim property from someone who is wrongfully in possession of it?
What is the most accurate description of a 'usufruct'?
What is the most accurate description of a 'usufruct'?
If a thief steals an item and sells it to a third party who is unaware of the theft, does the original owner retain the right to reclaim the item?
If a thief steals an item and sells it to a third party who is unaware of the theft, does the original owner retain the right to reclaim the item?
How does a usufructuary's right to use property differ from outright ownership?
How does a usufructuary's right to use property differ from outright ownership?
A farmer grants his wife a usufruct over their farm in his will, with their children inheriting ownership after her death. What practical effect does this arrangement have?
A farmer grants his wife a usufruct over their farm in his will, with their children inheriting ownership after her death. What practical effect does this arrangement have?
What legal principle is demonstrated when a court orders an owner who used force to repossess their property from someone who was unlawfully holding it, to return the property to the unlawful possessor?
What legal principle is demonstrated when a court orders an owner who used force to repossess their property from someone who was unlawfully holding it, to return the property to the unlawful possessor?
What fundamental characteristic distinguishes a mortgage from pledge?
What fundamental characteristic distinguishes a mortgage from pledge?
Which of the following scenarios exemplifies the derivative method of acquiring ownership?
Which of the following scenarios exemplifies the derivative method of acquiring ownership?
In an original method of acquiring ownership, does the new owner derive their right of ownership from a previous owner?
In an original method of acquiring ownership, does the new owner derive their right of ownership from a previous owner?
What happens to a person's assets and liabilities when they die?
What happens to a person's assets and liabilities when they die?
Which of the following is an example of immovable property?
Which of the following is an example of immovable property?
What is the role of an executor in administering a deceased estate?
What is the role of an executor in administering a deceased estate?
David parks his car on an empty lot, thinking it's public property, but it's actually owned by Emily. After 30 years, David claims ownership due to prescription. Which factor would prevent David from successfully claiming the property?
David parks his car on an empty lot, thinking it's public property, but it's actually owned by Emily. After 30 years, David claims ownership due to prescription. Which factor would prevent David from successfully claiming the property?
What is meant by the term 'bare dominium' or 'naked ownership' in the context of a deceased estate?
What is meant by the term 'bare dominium' or 'naked ownership' in the context of a deceased estate?
Which situation best illustrates the concept of 'delivery' in the context of transferring ownership of movable property?
Which situation best illustrates the concept of 'delivery' in the context of transferring ownership of movable property?
Peter lends his lawnmower to his neighbor, Thando. Thando refuses to return it, claiming Peter gifted it to him last year. Peter forcefully retrieves the lawnmower. What is the likely outcome if Thando sues Peter?
Peter lends his lawnmower to his neighbor, Thando. Thando refuses to return it, claiming Peter gifted it to him last year. Peter forcefully retrieves the lawnmower. What is the likely outcome if Thando sues Peter?
In a system of subjective rights, what is the primary function of the law?
In a system of subjective rights, what is the primary function of the law?
What constitutes the content of a subjective right?
What constitutes the content of a subjective right?
What is the consequence if one person's right is not respected by another in a legal order?
What is the consequence if one person's right is not respected by another in a legal order?
Which of the following scenarios would NOT be considered a 'delict'?
Which of the following scenarios would NOT be considered a 'delict'?
Which of the following is an essential element for an action to be considered a delict?
Which of the following is an essential element for an action to be considered a delict?
What distinguishes a human 'act' in a legal sense from other types of occurrences?
What distinguishes a human 'act' in a legal sense from other types of occurrences?
In what scenario would an act that infringes upon the rights of another NOT be considered unlawful?
In what scenario would an act that infringes upon the rights of another NOT be considered unlawful?
What is the key characteristic of an act of necessity as a ground of justification?
What is the key characteristic of an act of necessity as a ground of justification?
When does self-defence qualify as a ground of justification for an act that would otherwise be unlawful?
When does self-defence qualify as a ground of justification for an act that would otherwise be unlawful?
A person breaks into a pharmacy to steal medication needed to save a dying friend. Which element of delict is most likely to be debated in court?
A person breaks into a pharmacy to steal medication needed to save a dying friend. Which element of delict is most likely to be debated in court?
A sleepwalker injures someone. Why is this unlikely to be considered a delictual act?
A sleepwalker injures someone. Why is this unlikely to be considered a delictual act?
A municipality fails to repair a known dangerous pothole, and a cyclist is injured. Which element of delict is most directly applicable?
A municipality fails to repair a known dangerous pothole, and a cyclist is injured. Which element of delict is most directly applicable?
Which situation best exemplifies self-defense as a ground of justification?
Which situation best exemplifies self-defense as a ground of justification?
A lifeguard, distracted by their phone, fails to notice a swimmer in distress, who then drowns. Which element of a delict is most relevant in this scenario?
A lifeguard, distracted by their phone, fails to notice a swimmer in distress, who then drowns. Which element of a delict is most relevant in this scenario?
A ship captain throws cargo overboard during a storm to save the ship and crew. Under which ground of justification might the captain be protected from liability for the lost cargo?
A ship captain throws cargo overboard during a storm to save the ship and crew. Under which ground of justification might the captain be protected from liability for the lost cargo?
In a scenario where an individual intends to cause harm to another, but a different, equally harmful outcome occurs, which legal principle applies regarding intention?
In a scenario where an individual intends to cause harm to another, but a different, equally harmful outcome occurs, which legal principle applies regarding intention?
David mistakenly shoots a horse, believing it's his. Under which circumstance would David NOT be considered to have acted with intent?
David mistakenly shoots a horse, believing it's his. Under which circumstance would David NOT be considered to have acted with intent?
What legal standard is applied to determine whether a person's actions constitute negligence?
What legal standard is applied to determine whether a person's actions constitute negligence?
If an accident occurs where both parties are found to be negligent, what legal principle is applied to determine compensation?
If an accident occurs where both parties are found to be negligent, what legal principle is applied to determine compensation?
What are the two key elements that constitute causation in delictual liability?
What are the two key elements that constitute causation in delictual liability?
In which scenario would the defense of self-defense be LEAST likely to succeed?
In which scenario would the defense of self-defense be LEAST likely to succeed?
A surgeon performs an operation, and the patient suffers a known possible side effect that they were informed about beforehand. Which legal defense would MOST likely protect the surgeon from liability?
A surgeon performs an operation, and the patient suffers a known possible side effect that they were informed about beforehand. Which legal defense would MOST likely protect the surgeon from liability?
In determining factual causation, which test is typically applied?
In determining factual causation, which test is typically applied?
Which scenario exemplifies invalid consent due to a lack of awareness of potential consequences?
Which scenario exemplifies invalid consent due to a lack of awareness of potential consequences?
Which criteria are used to establish legal causation?
Which criteria are used to establish legal causation?
A municipality burns a fire belt to prevent the spread of wildfires, as authorized by statute. Sparks from the controlled burn, however, spread due to the negligence of the municipality's employees, and a nearby house is destroyed. Is the municipality liable for the destruction of the house, and why?
A municipality burns a fire belt to prevent the spread of wildfires, as authorized by statute. Sparks from the controlled burn, however, spread due to the negligence of the municipality's employees, and a nearby house is destroyed. Is the municipality liable for the destruction of the house, and why?
What constitutes damage in the context of delictual liability?
What constitutes damage in the context of delictual liability?
How is the amount of damages calculated when a person's car is damaged in an accident caused by another's negligence?
How is the amount of damages calculated when a person's car is damaged in an accident caused by another's negligence?
A person makes defamatory statements during an argument immediately after being verbally provoked. Under what conditions might this be justified?
A person makes defamatory statements during an argument immediately after being verbally provoked. Under what conditions might this be justified?
In a situation of provocation, what is the MOST critical factor in determining whether the provoked person's reaction is legally excusable?
In a situation of provocation, what is the MOST critical factor in determining whether the provoked person's reaction is legally excusable?
If a person fails to take reasonable steps to mitigate the damage caused by another's delict, what is the legal consequence?
If a person fails to take reasonable steps to mitigate the damage caused by another's delict, what is the legal consequence?
Which of the following scenarios would LEAST likely qualify as a valid defense of provocation?
Which of the following scenarios would LEAST likely qualify as a valid defense of provocation?
What is meant by 'impairment of personality' in the context of delictual liability?
What is meant by 'impairment of personality' in the context of delictual liability?
What BEST describes 'fault' in the context of delictual liability?
What BEST describes 'fault' in the context of delictual liability?
How does a court typically determine compensation for impairment of personality?
How does a court typically determine compensation for impairment of personality?
Under what circumstances is a wrongdoer considered to lack a 'blameworthy state of mind'?
Under what circumstances is a wrongdoer considered to lack a 'blameworthy state of mind'?
When someone's conduct threatens another’s rights, such as excavating land in a way that risks the collapse of a neighbor's property, what legal remedy is most appropriate to protect those rights?
When someone's conduct threatens another’s rights, such as excavating land in a way that risks the collapse of a neighbor's property, what legal remedy is most appropriate to protect those rights?
According to the content, who is presumed incapable of having a blameworthy state of mind?
According to the content, who is presumed incapable of having a blameworthy state of mind?
If a person believes a newspaper is about to publish a defamatory report about them, which legal remedy can prevent the publication?
If a person believes a newspaper is about to publish a defamatory report about them, which legal remedy can prevent the publication?
What type of legal action is available to a person who has already suffered harm due to another's unlawful and culpable conduct?
What type of legal action is available to a person who has already suffered harm due to another's unlawful and culpable conduct?
In the context of a child between the ages of 7 and 14 committing a delict, what must a plaintiff prove to establish liability?
In the context of a child between the ages of 7 and 14 committing a delict, what must a plaintiff prove to establish liability?
What is the KEY distinction between 'consent to injury' and 'consent to the risk of injury'?
What is the KEY distinction between 'consent to injury' and 'consent to the risk of injury'?
Which scenario demonstrates consent that is MOST likely to be deemed invalid?
Which scenario demonstrates consent that is MOST likely to be deemed invalid?
Which of the following examples BEST illustrates a situation exceeding the bounds of statutory authority?
Which of the following examples BEST illustrates a situation exceeding the bounds of statutory authority?
What is the primary reason that provocation is generally NOT considered a complete defense when verbal provocation is followed by physical assault?
What is the primary reason that provocation is generally NOT considered a complete defense when verbal provocation is followed by physical assault?
What is the primary distinction between the actio legis Aquiliae and the actio iniuriarum?
What is the primary distinction between the actio legis Aquiliae and the actio iniuriarum?
In a scenario where a defamatory statement leads to both reputational damage and loss of income, which legal actions can the affected party institute?
In a scenario where a defamatory statement leads to both reputational damage and loss of income, which legal actions can the affected party institute?
What underlies the principle that no one should be unjustly enriched at the expense of another?
What underlies the principle that no one should be unjustly enriched at the expense of another?
If a minor, without the required parental consent, purchases an item and then refuses to pay, what legal recourse does the seller have?
If a minor, without the required parental consent, purchases an item and then refuses to pay, what legal recourse does the seller have?
In an unjustified enrichment claim, what is the limit of the claim against the enriched party?
In an unjustified enrichment claim, what is the limit of the claim against the enriched party?
What was the name of the legal process in Roman law by which property transferred without legal title could be reclaimed?
What was the name of the legal process in Roman law by which property transferred without legal title could be reclaimed?
Does South African law recognize a general claim for enrichment applicable in all situations?
Does South African law recognize a general claim for enrichment applicable in all situations?
What are the two primary forms of obligation imposed upon a person who has been unjustly enriched?
What are the two primary forms of obligation imposed upon a person who has been unjustly enriched?
Under what condition can a person recover money paid by mistake to another?
Under what condition can a person recover money paid by mistake to another?
What legal action is typically instituted to recover a payment made in error?
What legal action is typically instituted to recover a payment made in error?
In a scenario involving an illegal contract, under what condition may property or money delivered under the contract be recovered?
In a scenario involving an illegal contract, under what condition may property or money delivered under the contract be recovered?
What does the par delictum rule prevent in the context of illegal contracts?
What does the par delictum rule prevent in the context of illegal contracts?
In a construction contract where the builder only partially completes the work, what is the basis for the homeowner's potential enrichment liability?
In a construction contract where the builder only partially completes the work, what is the basis for the homeowner's potential enrichment liability?
If someone partially fulfills an indivisible contractual obligation, how is the amount of enrichment liability typically determined?
If someone partially fulfills an indivisible contractual obligation, how is the amount of enrichment liability typically determined?
In a partial performance scenario, if a builder abandons a house construction at roof height, what can the builder claim from the homeowner based on enrichment liability?
In a partial performance scenario, if a builder abandons a house construction at roof height, what can the builder claim from the homeowner based on enrichment liability?
Flashcards
Law
Law
A system of rules governing relationships within a community.
Shares of a company
Shares of a company
Entails membership of a company and a say in how it is run.
Legal Right
Legal Right
A right a legal subject has regarding a specific legal object, protected by law.
Public Law
Public Law
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Private Law
Private Law
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International Law
International Law
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Constitutional Law
Constitutional Law
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Administrative Law
Administrative Law
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Commercial Law
Commercial Law
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Subjective Right
Subjective Right
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Legal Subject
Legal Subject
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Legal Capacity
Legal Capacity
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Natural Person
Natural Person
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Juristic Person
Juristic Person
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Perpetual Succession
Perpetual Succession
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Legal object
Legal object
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Juridical Right
Juridical Right
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Ownership
Ownership
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Natural Person
Natural Person
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Juristic Person
Juristic Person
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Legal Object
Legal Object
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Most Comprehensive Real Right
Most Comprehensive Real Right
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Improvements to Property
Improvements to Property
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Unjust Enrichment (Improvements)
Unjust Enrichment (Improvements)
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Compensation Limit
Compensation Limit
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Negotiorum Gestio
Negotiorum Gestio
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Obligations in Negotiorum Gestio
Obligations in Negotiorum Gestio
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Defamation
Defamation
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Right of Privacy
Right of Privacy
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Patrimony
Patrimony
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Law of Property
Law of Property
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Right of Ownership
Right of Ownership
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Right of Pledge
Right of Pledge
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Right of Usufruct
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Mortgage
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Mineral Rights
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Public Restrictions on Ownership
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Possession (Legal)
Possession (Legal)
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Physical Control
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Intention of Possessing
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Absence of Intention to Possess
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Praedial Servitude
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Personal Servitude
Personal Servitude
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Mortgage/Pledge
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Intellectual Property Rights
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Personality Rights
Personality Rights
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Personal Rights
Personal Rights
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Law of Persons
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Status (Law of Persons)
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Family Law
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Law of Husband and Wife
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Law of Parent and Child
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Law of Personality
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Personality Property
Personality Property
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Occupation (Ownership)
Occupation (Ownership)
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Prescription (Ownership)
Prescription (Ownership)
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Original Methods of Acquiring Ownership
Original Methods of Acquiring Ownership
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Derivative Methods of Acquiring Ownership
Derivative Methods of Acquiring Ownership
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Delivery (Ownership)
Delivery (Ownership)
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Movable Property
Movable Property
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Immovable Property
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Registration (Ownership)
Registration (Ownership)
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Rei Vindicatio
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Protection of Ownership
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Possession (Property)
Possession (Property)
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Claim for Damages
Claim for Damages
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Contract vs. Ownership
Contract vs. Ownership
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Lack of Intention (Ownership)
Lack of Intention (Ownership)
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Owner's rights
Owner's rights
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Executor's Role
Executor's Role
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Estate Distribution
Estate Distribution
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Intellectual Property Law
Intellectual Property Law
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Obligation (Law)
Obligation (Law)
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Obligee and Obligor
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Delict
Delict
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Law of Delict
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Unjustified Enrichment
Unjustified Enrichment
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Act Causing Damage
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Performance (Legal)
Performance (Legal)
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Negligence
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Delictual party
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Harmed party
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Defamatory Statements
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Insured Damages
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Self-Defense
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Consent (in delict)
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Consent to Injury
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Consent to Risk of Injury
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Tacit Consent
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Statutory Authority
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Provocation
Provocation
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Verbal Provocation
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Requirements for Provocation
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Fault
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Intent (Delict)
Intent (Delict)
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Capacity (Delict)
Capacity (Delict)
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Age and Capacity
Age and Capacity
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Children Over 7
Children Over 7
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Mandament van Spolie
Mandament van Spolie
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Servitude
Servitude
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Dominant Tenement
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Servient Tenement
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Usufruct
Usufruct
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Usufructuary
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Pledge
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Deceased Estate
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Executor
Executor
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Letters of Executorship
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Heir/Beneficiary
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Bare Dominium
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Limits to Land Rights
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Powers of Property Owners
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Retributive Character of Law
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Legal Remedies
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Elements of a Delict
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Act (in Delict)
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Unlawfulness (in Delict)
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Grounds of Justification
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Necessity
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Circumstances of Necessity
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Circumstances of Self-defence
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Reasonable way
Reasonable way
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Patrimonial Damage
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Personality Injury
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Actio Legis Aquiliae
Actio Legis Aquiliae
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Actio Iniuriarum
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Action for Pain and Suffering
Action for Pain and Suffering
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Unjustly Enriched
Unjustly Enriched
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Enrichment Claim Limit
Enrichment Claim Limit
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Condictio Indebiti
Condictio Indebiti
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Obligation of Enriched Person
Obligation of Enriched Person
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Restitution
Restitution
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Payment/Delivery in Error
Payment/Delivery in Error
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Payment Under Mistake
Payment Under Mistake
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Recovery Under Illegal Contract
Recovery Under Illegal Contract
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Partial Performance Enrichment
Partial Performance Enrichment
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Actual Intention
Actual Intention
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Legal Intention (dolus eventualis)
Legal Intention (dolus eventualis)
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Reasonable Person Criterion
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Contributory Negligence
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Apportionment of Damages
Apportionment of Damages
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Causation
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Factual Causation
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Factual Causation
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Legal Causation
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Duty to Mitigate Damages
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Impairment of Personality
Impairment of Personality
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Interdict
Interdict
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Claim for Compensation
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Study Notes
- Legal science studies and evaluates relationships by classifying rules.
- Law is a system of rules in a community.
- A right is legally protected for a legal subject regarding a legal object.
Meaning of Law
- The legal cosmos is mapped out through divisions, traditionally public law and private law, though these can overlap.
- Public law governs the relationships between the state and its citizens.
- Subdivisions of public law include:
- International law
- Constitutional law
- Administrative law
- Criminal law
- Law of procedure
- Private law governs relationships between citizens.
- Subdivisions of private law include:
- Law of persons
- Family law
- Law of personality
- Patrimonial law
- Commercial or mercantile law comes from merchant customs and business activity.
- Commercial law includes:
- Contracts of sale
- Lease and credit agreements
- Negotiable instruments
- Insolvency
- Companies
- Partnerships
- Closed corporations
- Agency
- Security
- Insurance
- Contracts of transportation
- Labour law
- Intellectual property law
- Competition law
- Consumer law
- Tax law
Meaning of Right
- A right is legally protected for legal subjects regarding specific legal objects.
- A legally protected right is a subjective right.
- Objective law determines legal subjects, objects, and subjective rights.
Legal Subjects
- A legal subject is a human being or entity subject to the law with legal capacity.
- Legal subjects are called "persons".
- There are natural persons and juristic persons.
- "Person" and "legal subject" are synonymous but "human being" and "person" are not.
Natural Persons
- A natural person is a human being who possesses rights and duties from birth.
- The law protects a new-born child's physical integrity and honour, and their right to inherit property.
Juristic Persons
- Legal and commercial needs require recognizing non-human entities as legal subjects.
- Juristic persons are recognized as holders of rights, powers, and subject to duties.
- Examples include companies, universities, municipalities, and the state.
- Juristic persons have rights, are subject to duties, and have perpetual succession.
- Perpetual succession means the juristic person continues even if its members die.
- A trading company illustrates a juristic person which is legally separate from its shareholders or directors.
- Shareholders only have a personal right to claim profits or surplus assets upon liquidation which does not mean the shareholders have rights to the companies physical property.
- If a company suffers loss, only the company can sue for redress.
- The company is liable for its debts, but not the shareholders.
Legal Object
- A legal object can be the object of a legal subject’s claim to a right.
- Legal objects include:
- Property
- Intellectual property
- Aspects of personality
- Performances
Subjective Right
- Rights are relationships between legal subjects and objects.
- Rights are classified by legal object.
- Categories of juridical rights include:
- Real right: a right to property
- Ownership: the most comprehensive real right
- Servitudes:
- Praedial servitudes: limited rights to another's adjacent property, such as grazing rights
- Personal servitudes: rights of use and enjoyment of another's property, such as usufruct
- Mortgage and pledge: security rights for a creditor, allowing sale of the property if the debt isn't settled
- Intellectual property rights: rights to creations of the mind
- Personality rights: rights related to aspects of personality, such as physical integrity or reputation
- Personal rights: rights to demand conduct (performance) from someone, which may include giving something, doing something, or refraining from doing something
- Real right: a right to property
Private Law
- Private law includes:
- Law of persons
- Family law
- Law of personality
- Patrimonial law
Law of Persons
- The law of persons regulates the beginning, existence, and end of a natural person as a legal subject.
- It determines:
- Who are legal subjects
- How one becomes or ceases to be a legal subject
- The classes of legal subjects
- The legal position (status) of each class of legal subjects
- Every human being can be the bearer of rights and duties.
- Legal capacity exists at birth, but unborn children's rights are protected provided they are born alive.
- Legal capacity ends at death but the law protects the body and former assets for the community and the deceased’s creditors and heirs.
- Since legal subjects differ, the law distinguishes between them, giving status to each legal subject.
- Status is the collection of rights and duties attached to a person as a member of a specific class, which is a legal condition of the position of a legal subject.
- Status is conferred by law which can only be changed according to the law.
- Status can take various forms, with distinctions in public law and private law.
- There are numerous factors which determine the status of a legal subject such as age, sex, marital status and sanity.
Family Law
- Family law addresses requirements for valid marriage, its legal consequences, grounds for dissolution, and legal relationships between parents and children.
- It mainly deals with the law of husband and wife, and the law of parent and child.
Law of Personality
- It concerns relations between people and their integrity.
- It ensures undisturbed enjoyment of personality property within legal limits.
- It compels infringers to pay compensation.
- Defaming someone may lead to compelled payment.
- Privacy is an important right but is subject to limitations.
Patrimonial Law
- It concerns relations between persons regarding their patrimony.
- Patrimony is the sum of a person's assets and liabilities, valued in money.
Law of Property
- It concerns relationships of people toward material objects by granting and recognizing rights over property.
- The nature and extent of the legal power enjoyed depend on the type of right held.
- Ownership gives wide powers:
- To use the property
- To enjoy it
- To destroy it
- To sell it
- Pledge gives a limited right:
- To possess the property as security
- Multiple real rights can exist in the same property.
- Ownership is the cornerstone of real rights and the most comprehensive right.
The Right of Ownership
- Ownership gives the most complete power over property.
- Owners powers are restricted by public law and the rights of others.
- Public restrictions include:
- Sanitary regulations
- Building regulations
- Statutory provisions
- Traffic rules
- Ownership is always restricted in the interests of the community.
- An owner’s rights may be restricted by a neighbour’s right of ownership like excavating in such a way that damages a neighbours property.
Ownership and Possession Distinctions
- Ownership and possession are different concepts in law.
- Owning property does not necessarily mean possessing it.
- Possession has physical and mental elements.
- Possession requires physical control of the property and intention of possessing.
- Intention of possessing means exercising physical control in one's own interests.
- Direct, immediate control is not always required for physical control.
Acquisition of Ownership
- There are original and derivative methods of acquiring ownership.
- Original methods of acquiring ownership include:
- Occupation: seizing property belonging to no one with the intention of ownership
- Prescription: possessing property openly as if one were the owner for an uninterrupted period of 30 years
- Derivative methods of acquiring ownership include:
- Movable property: delivery of property
- Immovable property: registration of the transfer at a Deeds Office
Original Methods of Acquiring Ownership
- Occupation: acquiring ownership by seizing property belonging to no one
- Prescription: acquiring ownership by openly possessing land as the owner for 30 years according to the Prescription Act 68 of 1969
Derivative Methods of Acquiring Ownership
- Movable property: transferring ownership through delivery, requiring a contract of sale or donation and the intent to transfer ownership
- Immovable property: transferring ownership through registration at a Deeds Office instead of physical delivery
The Protection of Ownership and Possession
- Ownership is protected primarily by granting the owner the remedy known as the rei vindicatio.
- With this action based on ownership the owner may reclaim his or her property from any person who is wrongfully in possession of it.
- Just as ownership is protected, so is possession protected.
- Someone who is wrongfully deprived of possession will be restored even if they are not the owner of the property.
- The remedy with which possession is restored is called the mandament van spolie.
Servitudes
- Servitude is a limited real right over the property of another.
- Servitudes include:
- Praedial servitudes
- Personal servitudes
Praedial Servitudes
- Ownership of a plot has certain powers in regard to adjacent land belonging to another.
- Examples include:
- The right to drive or walk over the plot of a neighbour (servitude of right of way)
- The right to fetch water from Nadia’s plot (servitude of drawing water)
- The right to graze his cattle on Mark’s farm (servitude of grazing)
- Land that can exercise the right is the ‘dominant tenement’, and that of the owner who has to permit the exercise of the powers conferred by the servitude is called the ‘servient tenement’.
- The most common method of acquiring a servitude is by registration of the servitude at a Deeds Office against the title deeds of the dominant and servient properties.
- Like the right of ownership, servitudes can also be obtained by prescription.
Personal Servitudes
- Usufruct is the most important example which is often referred to as ‘life interest’.
- A usufructuary may use and enjoy the property of another.
- Exercising these powers does not mean the property will be destroyed or substantially altered.
- The rights for this property are valuable especially if another cultivates its own.
- The most important method in which a usufruct over immovable property is obtained is registration.
Mortgage and Pledge
- Mortgage and pledge are limited real rights over property of which another has ownership.
- Mortgage and pledge both constitute ways in which debts can be secured.
- The object of mortgage is immovable property that is acquired by registration.
- A pledge has as its object is a movable property and is acquired through agreement and delivery of the property.
Law of Succession
- When a person dies, he or she leaves behind what is known as a deceased estate, which consists of all his or her assets and liabilities.
- The executor will distribute the remaining balance amongst the heirs or beneficiaries.
- The balance remaining after payment of the debts of the estate is distributed amongst the heirs or beneficiaries.
- Who these heirs or beneficiaries are depends on whether or not the deceased left a valid will.
- In the case of there being a valid will, the estate passes according to the rules of testate succession.
- If there is no valid will, the rules of intestate succession will apply.
Law of Intellectual Property
- The law has created a right to another creations which has created protection.
- Protection has extended with copyright, patents and trade marks.
- Today all products of the human intellect which are incorporeal and have economic value are regarded as incorporeal things in respect of which rights can exists.
- Governed largely by legislation, for example by the Patents Act 57 of 1978, the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993 and the Designs Act 195 of 1993. The law of intellectual property is discussed in chapter 18.
Law of Obligations
- When a personal right comes into existence between legal subjects, the bond or legal relationship between the legal subjects is referred to as an obligation.
- The legal object in relation to a contract is the performance which must be delivered.
- The cases of a delict, it is the payment of compensation, and in the case of unjustified enrichment, the payment of an amount equal to an amount by which one person has.
Introduction to the Law of Delict
- A delicts is a human actions of negligent driving or defamatory statements which causes harm to another.
- The law of delict lays down what is required for an act causing damage to qualify as a delict and what remedies are available to the party suffering the damage.
- The law demarcates interests in the form of subjective rights and in this way ensures peaceful co-existence.
- Each of these rights has a fixed, limited content in accordance with the rules of the law.
- Therefore, in a system of subjective rights regulated by objective law, the interests of the legal subjects are juridically demarcated.
Definition of a Delict
- The mere fact that a person has caused another to suffer damage is insufficient to find delictual liability.
- A delict is any unlawful culpable act whereby a person (the wrongdoer) causes the other party (the person prejudiced) damage or an injury to personality, and whereby the prejudiced person is granted a right to damages or compensation, depending on the circumstances.
- The elements of a delict isolated include:
- an act
- unlawfulness
- fault
- causation
- damage or injury to personality (harm)
- To be held liable for the harm there must be compliance will all these requirements or elements.
An Act
- An act is any voluntary human conduct, but it need not be a wilful act.
- Only a human being (not animals, for example) can act in the eyes of the law.
- Any human conduct (either a commission or an omission) which at the time of the relevant activity was capable of being exercised under control of the will is, legally speaking, an act.
Unlawfulness
- Not all harmful acts are delicts.
- An act infringes rights if someone is defamed or assaulted.
- If a wrongdoer owed the person a duty and this duty is breached for example, in the case of a policeman or -woman who fails to prevent a criminal act against another.
- Grounds of justification are special circumstances which convert an otherwise unlawful act into a lawful act.
Necessity
- Necessity exists when external forces dictate a person to protect legitimate interest through infringement of the rights of another.
- The purpose of an act of necessity is to protect the interests of the perpetrator or of a third party in a dangerous situation.
Self-Defense
- Self-defence exists to defend an actual, or imminent, unlawful attack by another who is defending his or her own or another’s legally acknowledged right.
- It must be an act directed against a human act for only humans can act unlawfully.
Consent
- Giving consent to injury or harm will be lawful but this can come in two forms.
- Consent to injury, and consent to or acceptance of the risk of injury.
- Consent may be given either expressly or tacitly.
Statutory Authority
- A person does not act unlawfully if he or she performs an act while exercising a statutory authority.
- The statute must authorise the infringement of the particular right concerned and the conduct must not exceed the bounds of authority conferred by the statute.
Provocation
- Provocation exists when a person is provoked or incited by another’s words or actions to cause harm to the other.
- Verbal provocation has been followed by physical assault cannot be a defence.
- Two requirements must be met namely the provocative conduct being of a excusable measure and the conduct of the provoked person must constitute an immediate and reasonable retaliation against the body of the other person..
Fault
- An unlawful act involves liability for the wrongdoer also if he or she is at fault.
- A legal requirement for intent or negligence which contains is that the wrongdoer must have reached a sufficient level of mental development to be able to comprehend the nature and consequences of his or her action. The wrongdoer must have the capacity to have a blameworthy state of mind.
- Once it has been established that the wrongdoer was capable of having a blameworthy state of mind, the question is asked whether he or she acted intentionally or negligently.
- Someone acts with intent if a person’s will is directed towards bringing about a particular result and a person is at the same time aware of the unlawfulness of the actions (actual intention). In the absence of intention a person’s conduct may still be reprehensible and consequently he or she may still be at fault.
Causation
- Causation comprises two elements, namely, factual causation and legal causation.
- A factual causation is if a factual causal link exists between the act and the damage.
- Establishing legal causation is determined by where there is a sufficiently close relationship between the wrongdoer’s conduct and its consequence that such consequence may be imputed to the wrongdoer in view of policy considerations based on reasonableness, fairness and justice.
Damage or Impairment of Personality
- To incur delictual liability a person must have caused another either damage or impairment of his or her personality.
- Damage contains a person's car being damaged in an accident and it is worth less as a result.
- Impairment of personality is the infringement of personal rights resulting in compensation.
Remedies
- The law can grant a remedy to a person suffering damage or non-patrimonial prejudice where a person whose rights are threatened may protect them by means of an interdict.
- If someone's harm is threatened the prejudiced person can apply to the court for an order (interdict) which compels the other person to discontinue his or her activities.
- Several possible actions include actio legis Aquiliae; actio iniuriarum and the action for pain and suffering.
Introduction to the Law of Unjustified Enrichment
- Enrichment is defined as when there is no valid legal ground for a person to have obtained a benefit such as payment.
- The claim is limited to the amount of the actual enrichment.
- Walter could therefore claim only the amount with which Henry had actually been enriched (that is, the decreased value of the bicycle or the damaged bicycle itself) from him.
The Origin of the Claim for Enrichment
- The transferor of property which had been given to another person without legal title can reclaim the property from the other person by means of a legal process called the condictio indebiti.
- These actions were accepted and adopted in Roman-Dutch law, on which South African law is based.
- Now actions may be instituted successfully against persons who had been unjustly enriched.
- There no general enrichment action is recognised in South African law.
- If a claimant institutes this action the claimant will have to make use of an existing enrichment actions.
The Obligation Imposed Upon the Enriched Person
- The obligation imposed contains one of two forms (a) restitution or (b) payment of a sum of money (compensation).
- Restitution is a person who has delivered or transferred money or property which is not due to another person that may recover that money or property from the other person.
- Compensation becomes available in the following circumstances as improvements to property.
- If a person effects improvements to property with the intention of doing so for his or her own benefit and he or she has no right or title to the property, the improvements become the property of the true owner.
- Negotiorum gestio contains when one person voluntarily, manages the affairs of the lastmentioned (for example, if Lala has Brenda’s property stored after a tornado has blown away the roof of Brenda’s house in her absence).
- The obliged person must provide necessary expenses to ensure that a persons affairs have been managed.
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Explore the basic principles, types, and applications of law in modern society, including public and private domains. Understand legal rights, business regulations, and estate management.
