Podcast
Questions and Answers
Which of the following is NOT a requirement for a final interdict?
Which of the following is NOT a requirement for a final interdict?
- An injury actually committed or reasonably apprehended
- Clear right on part of the applicant
- Availability of a satisfactory remedy (correct)
- No other satisfactory remedy available to applicant
A final interdict can be granted if another satisfactory remedy is available to the applicant.
A final interdict can be granted if another satisfactory remedy is available to the applicant.
False (B)
What is required to prove that an injury has been committed or is reasonably apprehended in the context of a final interdict?
What is required to prove that an injury has been committed or is reasonably apprehended in the context of a final interdict?
An injury must be shown to have actually occurred or to be reasonably anticipated.
To obtain a final interdict, the applicant must demonstrate a __________ right.
To obtain a final interdict, the applicant must demonstrate a __________ right.
Match the following final interdict requirements with their descriptions:
Match the following final interdict requirements with their descriptions:
Flashcards
Clear Right
Clear Right
The applicant must have a valid and established right that is being violated or threatened.
Injury Committed/Apprehended
Injury Committed/Apprehended
The applicant must demonstrate that they have already suffered an injury or there exists a reasonable likelihood of future harm.
No Satisfactory Remedy
No Satisfactory Remedy
There must be no other effective way to resolve the conflict or prevent the injury.
Interdict
Interdict
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Final Interdict
Final Interdict
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Study Notes
Final Interdict Requirements
- A clear right must exist for the applicant.
- An injury must be, or be reasonably anticipated to be, committed.
- No other satisfactory remedy should be available to the applicant.
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