14 Questions
What remedy can an owner or occupier seek in cases of infringement of ownership or right of occupation?
Common law property law remedies
What type of infringement can constitute a delictual nature?
Infringement of a personality right
What is the definition of nuisance in a narrow sense?
An infringement of a neighbour's use and enjoyment of their land
What can be used to prohibit infringements of a neighbour's use and enjoyment of their land?
Interdict
What is a requirement for delictual liability in terms of actio legis Aquiliae?
Culpability in the form of intent or negligence
What is an example of an entitlement of use that can be infringed upon?
Right to undisturbed enjoyment of property
What is the principle concern in determining liability in cases of neighbouring owner or occupier causing damage?
The requirements of actio legis Aquiliae
In which cases is culpability not a requirement for claiming damages?
In cases of encroachment, lateral support, and natural flow of water
What can be deduced from the decision in Foentjies v Beukes?
Delictual liability is not applicable in cases of encroachment, lateral support, and natural flow of water
What is the main difference between an interdict and delictual liability?
An interdict does not require culpability, while delictual liability does
What is the question in determining whether an owner is abusing their rights?
Whether the owner is causing a nuisance to their neighbour
What is nuisance in a wide sense?
All of the above
What was the outcome of the Kirsch v Pincus case?
The defendant was ordered to pay compensation to the plaintiff
What is the actio legis Aquiliae used for?
To claim compensation for damages
This quiz covers the legal remedies available to property owners or occupiers when their rights are infringed upon. It explores the different approaches to infringement, including common law remedies and delictual nature. Test your knowledge of property law and remedies!
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