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Questions and Answers
What offences are excluded from the jurisdiction of a magistrate's court?
Treason, murder, and rape
What is the role of the Directorate of Public Prosecutions in determining the court where a matter will be heard?
Deciding which court to hear a matter based on the gravity of the offence and the circumstances of the offender
What are the alternatives to imprisonment that may be passed upon a convicted person?
Fine with or without imprisonment, correctional supervision, suspended sentence, community service, and declaration as a habitual or dangerous criminal
What happens if a convicted person violates the conditions of suspension or postponement of sentence?
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Which court has jurisdiction over all offences, including treason?
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What is the maximum period for which a court can postpone the passing of sentence?
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Under what circumstances may a court declare a convicted person a habitual criminal?
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What is an alternative sentence to imprisonment that involves community service?
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What happens to a convicted person who violates the conditions of suspension or postponement of sentence?
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What is the role of the High Court in relation to trying offences?
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Study Notes
Original Methods of Acquiring Ownership
- Ownership is the state or fact of exclusive rights and control over property, which may be an object, land/real estate, or intellectual property.
- There are three original methods of acquiring ownership:
- Occupation: taking possession of a property that belongs to no one.
- Prescription: openly owning a property for a certain period, usually more than 30 years.
- Registration/Delivery: acquiring ownership through delivery of a movable thing, such as a car.
Protection of Ownership and Possession
- The remedy known as reivindicatio protects ownership.
- Servitudes: limited rights over property of another, conferring specific powers to use the property in a particular way.
- Praedial Servitude: e.g., one owner wants to walk over another's land to fetch water.
- Personal Servitude: e.g., a usufructuary has the power to use and enjoy another's property.
- Mortgage & Pledge: limited real rights over property on which another has ownership.
The Law of Succession
- When a person dies, they leave behind a deceased estate, which consists of all their assets.
- The estate is administered by one or more executors under letters of executorship granted by Master.
- The duty of the executor is to pay all debts of the deceased, realizing the assets of the estate if necessary.
The Law of Intellectual Property
- Intellectual property law includes:
- Copyright law
- Patent law
- Trade mark law
- Design law### The Legal Environment
South African Legal System
- A short history of the law
- Sources of South African law
- Judgment of court
- The Old authorities
- Foreign law
- The Court in the Republic
Introduction to the Science of Law
- Definition of the term "Law"
- Divisions of Law
- Meaning of right
- Legal subjects
- Legal objects
- Subjective right
- Law of process
- Family Law
- Law of personality
- Patrimonial law
- Original methods of acquiring ownership
- Protection of ownership and possession
- Law of succession
- Law of intellectual property
- Law of obligations
- Introduction to the law of delict
- Introduction to the law of unjustified enrichment
Introduction to the Law of Contract
- The contract as a source of obligation
- Requirements for the formation of a valid contract
- Freedom to contract
- Electronic agreements
Consensus
- The concept of consensus
- Offer and acceptance
- Requirements for offer and acceptance
- The falling away offer
- The continued existence of the offer: The option
- Special rules in regard to offer and acceptance
- The moment and place of the formation of a contract
- Consensus and defects in will
- Absence of consensus – mistake
- Requirements to be met before mistake will render a contract void
- Improper obtaining of consensus
- Effects of misrepresentation
- Duress
- Undue influence
Capacity to Perform Juristic Acts
- Legal capacity and capacity to act
- Factors that determine a person's juristic acts
- Majority
- Minority
- The minor or the child under the age of seven years
- The minor or child over the age of seven years
- Special situations
- Marriage
- Wife has full capacity
- The influence of alcohol or drugs
Possibility of Performance
- Legal possibility
- Contracts contrary to common law
- Consequences of unlawful contracts
- Physical possibility
Formalities
- The general rule: no formalities required
- Contracts where formalities are required
- Formalities required by the parties
Terms of the Contracts
- The terms
- Essential, naturalia and incidentalia
- The condition
- The time clause
- The supposition
- The warranty
- The modus
- The cancellation clause
- Penalty clause
- The forfeiture clause
- The rouwgeld clause
- Entrenchment clauses
Interpretation of the Contract
- Contents
- Principles of interpretation
- The parol evidence or integration rule
- Rectification
Breach of Contract
- Forms of breach of contract
- Default of the creditor
- Rights and duties (obligations) in a contract of sale
- Repudiation
Remedies of Breach of Contract
- Different remedies
- Execution of the contract
- Cancellation
Transfer and Termination of Personal Rights
- Cession
- Discharge
- Rescission and cancellation
- Agreement
- Release
- Novation
- Delegation
- Settlement (transaction)
- Merger (confusion)
- Set-off
- Impossibility of performance supervening after conclusion of the contract
Electronic Agreements
- Introduction
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Description
This quiz covers the original methods of acquiring ownership, including occupation, prescription, and registration. Test your knowledge of these modes of acquiring property rights.
