Podcast
Questions and Answers
What remedy can an owner or occupier seek in cases of infringement of ownership or right of occupation?
What remedy can an owner or occupier seek in cases of infringement of ownership or right of occupation?
- Mediation only
- Criminal charges
- Administrative penalties
- Common law property law remedies (correct)
What type of infringement can constitute a delictual nature?
What type of infringement can constitute a delictual nature?
- Infringement of a personality right (correct)
- Infringement of a moral right
- Infringement of a real right
- Infringement of a contractual right
What is the definition of nuisance in a narrow sense?
What is the definition of nuisance in a narrow sense?
- An infringement of a neighbour's use and enjoyment of their land (correct)
- An infringement of a personality right
- An infringement of a real right
- An infringement of a contractual right
What can be used to prohibit infringements 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?
What is a requirement for delictual liability in terms of actio legis Aquiliae?
What is a requirement for delictual liability in terms of actio legis Aquiliae?
What is an example of an entitlement of use that can be infringed upon?
What is an example of an entitlement of use that can be infringed upon?
What is the principle concern in determining liability in cases of neighbouring owner or occupier causing damage?
What is the principle concern in determining liability in cases of neighbouring owner or occupier causing damage?
In which cases is culpability not a requirement for claiming damages?
In which cases is culpability not a requirement for claiming damages?
What can be deduced from the decision in Foentjies v Beukes?
What can be deduced from the decision in Foentjies v Beukes?
What is the main difference between an interdict and delictual liability?
What is the main difference between an interdict and delictual liability?
What is the question in determining whether an owner is abusing their rights?
What is the question in determining whether an owner is abusing their rights?
What is nuisance in a wide sense?
What is nuisance in a wide sense?
What was the outcome of the Kirsch v Pincus case?
What was the outcome of the Kirsch v Pincus case?
What is the actio legis Aquiliae used for?
What is the actio legis Aquiliae used for?
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