2020 MCQ PACK Answers PDF

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PVL2020 MCQ PACKCollected and drafted ByJay (Tidimalo)082 471 7310&Fary TutorWhatsApp us on +263 77 433 3932for any assistance with regards to your LLB ModulesTutorial Letter 201/1/####QUESTION 1Which one of the following things is a composite thing?(1) a dog (2) a motor (3) a glass (4) a brickA...

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PVL3703

2020 MCQ PACK

Collected and drafted By Jay (Tidimalo) 082 471 7310

&

Fary Tutor

WhatsApp us on +263 77 433 3932 for any assistance with regards to your LLB Modules

Tutorial Letter 201/1/2010

QUESTION 1 Which one of the following things is a composite thing? (1) (2) (3) (4)

a dog a motor a glass a brick

ANSWER:

(2)

COMMENTS: (1) (2)

A dog is a singular thing. A motor is a composite thing and is made up of constituent parts which lost their individuality. (3) A glass is a singular thing. (4) A brick is a singular thing. (Study Guide page 36) QUESTION 2

Which option is not a feature or characteristic of real rights? (1) (2) (3) (4)

The rule prior in tempore potior in iure applies to real rights. Real rights grant preference in the case of insolvency. Real rights are unenforceable against bona fide third parties. The object of a real right is a thing.

ANSWER:

(3)

COMMENTS: (1)

In the case of insolvency the maxim first in time stronger in law (prior in tempore potior in iure) will apply in the case of two or more competing real rights. (2) In the case of insolvency a real right enjoys preference over other rights. (3) Real rights are absolute in principle and the real right holder can enforce his/her right against bona fide third parties. (4) The object of a real right is a corporeal thing (leaving aside the exception of a pledge of claims). (Study Guide pages 44-45) QUESTION 3 Which option does not reflect a recognised subdivision of neighbour law? (1) (2)

lateral support planting of trees

(3) (4)

interference with the natural flow of water nuisance

ANSWER:

(2)

COMMENTS: The recognised subdivisions of neighbour law are: nuisance; lateral and surface support; encroachments; surface water; party walls and fences and elimination of danger. (1) Lateral support is a recognised subdivision of neighbour law. (2) Planting of trees is not a recognised subdivision of neighbour law, it is a subdivision of encroachments. (3) Interference with the natural flow of water is a recognised subdivision of neighbour law. (4) Nuisance is a recognised subdivision of neighbour law. (Study Guide pages 57-59) QUESTION 4 Which option is the odd one out? (1) a carp swimming around in the Roodeplaat dam (2) a kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high game proof fence and with the mark QR on them (3) a wounded impala which has been shot on X’s unfenced farm and which is being pursued by hunter Z (4) a Congolese wood parrot which lived for two years in an open cage in the lounge of Z’s Waterkloof home, but flew away and now lives in the trees at Magnolia Dell ANSWER: (2) COMMENTS: (1) A carp swimming around in the Roodeplaat dam is a thing that is susceptible to ownership, but that belongs to no-one at this particular stage and can therefore be categorized as a res nullius. (2) A kudu grazing on Q and R’s game farm which is fenced by means of a 3-metre high game proof fence and with the mark QR on him belongs to Q and R and forms part of Q and R’s estate and can therefore be classified as a res alicuius. (3) A wounded impala which has been shot on X’s unfenced farm and which is being pursued by hunter Z is a res nullius. If Z catches it he can obtain ownership through appropriation if all the requirements are met. (4) A Congolese wood parrot which lived for two years in an open cage in the lounge of Z’s Waterkloof home, but flew away and now lives in the trees at Magnolia Dell reverted to his former wild state, after having been controlled by a person, and is regarded as a res nullius. (Study Guide pages 36 and 70) QUESTION 5 Indicate when natural interruption of prescription will occur: (1) (2) (3)

when a person is absent from the country because of war when a fiduciarius has alienated fideicommissary goods without the power to alienate it when summons, claiming ownership of the thing, is served

(4)

when the acquirer lost possession of the thing, by relinquishing it voluntarily or when the thing was forcibly taken from him/her.

ANSWER: No correct answer. Please note that all students will get a mark for this question irrespective of their answer. COMMENTS: (1)

Prescription will be suspended when a person is absent from the country because of war. (2) Prescription will be suspended when a fiduciarius has alienated fideicommissary goods without the power to alienate it. (3) Prescription will not be interrupted when summons, claiming ownership of the thing, is served. Interruption only occurs if the person who claims ownership succeeds in carrying his/her claim to the final judgment. (4) Prescription will not be interrupted when the acquirer lost possession of the thing, by relinquishing it voluntarily or when the thing was forcibly taken from him/her. Prescription can only be interrupted through voluntary loss of possession. (Study Guide pages 85-86)

QUESTION 6

Which option is not a requirement or characteristic of treasure trove as an original mode of acquisition of ownership? (1) (2) (3) (4)

The treasure must be a valuable movable or immovable thing. The finder must exercise some kind of physical control over the treasure. The original owner of the treasure cannot be found. A valuable thing lying openly on the ground can never qualify as a treasure for purposes of treasure trove.

ANSWER: (1) COMMENTS: (1)

The treasure must be a valuable movable thing. The treasure cannot be an immovable thing. (2) The finder must exercise some kind of physical control over the treasure. (3) The original owner of the treasure cannot be found. (4) A valuable thing lying openly on the ground can never qualify as a treasure for purposes of treasure trove. (Study Guide page 81) QUESTION 7 Indicate the false option in respect of the requirements for attornment: (1) (2) (3)

A tripartite agreement must exist between all three parties concerned. The third party (holder) must be in control of the thing when the tripartite agreement is concluded. The third party (holder) can consent in advance to a future transfer of ownership.

(4)

In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court held that all the requirements for attornment were complied with.

ANSWER: Both 3 and 4 are incorrect. Please note that all students will get a mark for this question irrespective of their answer. COMMENTS: (1)

One of the requirements for attornment to take place is that there must be a tripartite agreement between the transferor, the transferee and the third party holder in terms of which the holder will continue to hold for the transferee and no longer for the transferor. (2) Another requirement for attornment to take place is that the third party (holder) should exercise physical control at the moment of transfer from the transferor to the transferee. (3) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) the court held that the third party (holder) can consent in advance to a future transfer of ownership. In this case a new form of delivery was recognized. (4) In Caledon en SWD Eksekuteurskamer Bpk v Wentzel (1972 1 SA 270 (A)) a new form of delivery was acknowledged. (Study Guide pages 107-108)

QUESTION 8 Give an example of delivery with the long hand: (1) (2) (3) (4)

A flock of sheep pointed out in the presence of the transferee. The delivery of the keys to a motor. X bought a watch from a jeweller and leaves it with the jeweller for cleaning. X hires a motor from Y and then purchases it from Y.

ANSWER: (1) COMMENTS: (1) (2) (3) (4)

A flock of sheep pointed out in the presence of the transferee is an example of delivery with the long hand (traditio longa manu). The delivery of the keys to a motor is an example of symbolic delivery. An example of constitutum possessorium would be when X buys a watch from a jeweller and leaves it with the jeweller for cleaning. An example of delivery with the short hand (traditio brevi manu) would be when X hires a motor from Y and then purchases it from Y.

(Study Guide pages 105-106) QUESTION 9 Which option is the odd one out? (1)

(2) (3)

In order to succeed with the Aquilian action a causal connection between the patrimonial loss and the conduct of the defendant a just balance between the public interest and the interests of those affected has to be proved. The Aquilian action can be instituted against anyone who causes damage due to an intentional or negligent act. Damages can be claimed with the Aquilian action.

(4)

The Aquilian action is available to the owner of the damaged thing only.

ANSWER: Both 2 and 4 are incorrect. Please note that all students will get a mark for this question irrespective of their answer. COMMENTS: (1)

In order to succeed with the Aquilian action a causal connection between the patrimonial loss and the conduct of the defendant has to be proved. (2) The Aquilian action can be instituted against anyone who causes damage due to an unlawful intentional or negligent act, thus culpability of the defendant. (3) Damages can be claimed with the Aquilian action. (4) The Aquilian action is available to anyone who has a proprietal right or interest in the damaged thing, thus not only owners. (Study Guide page 124) QUESTION 10 A purchaser who is not the owner of a thing, but who has the intention of an owner on the incorrect assumption that he/she is the owner is a:

(1) (2) (3) (4)

bona fide possessor mala fide unlawful holder mala fide possessor bona fide unlafwul holder

ANSWER: (1) COMMENTS: (1) (2) (3) (4)

A person who is not the owner of a thing because he/she does not comply with the requirements for vesting of ownership, but who has the intention of an owner on the incorrect assumption that he/she is the owner is a bona fide possessor. A person who knows that he/she does not have the owner’s consent for controlling the thing, but still exercises physical control over it for the sake of the benefit he/she can derive from it is a mala fide unlawful holder. A person who is aware of the fact that he/she is not legally recognised as the owner of a thing since he/she does not conform to the requirements of ownership, but whom nevertheless has the intention of an owner is mala fide possessor. A person who physically controls the thing unlawfully, but he/she is unaware of the fact, since he/she is under the incorrect impression that he/she has the necessary permission or

legal ground to control it is a bona fide unlawful holder (Study Guide pages 144-145) TOTAL: [10]

Tutorial Letter 201/1/2012 Question 1 The delictual remedy used to claim damages for patrimonial loss caused wrongfully and negligently is the: 1. 2. 3. 4.

actio legis Aquiliae actio iniuriarum action for pain and suffering interdict (1)

Patrimonial loss caused wrongfully and culpably is actionable with the Aquilian action. The correct alternative is [1]. [see chap 1 par 4.2] Question 2 The delictual remedy used to obtain a solatium for intentional infringement of personality rights is the: 1. 2. 3. 4.

actio legis Aquiliae actio iniuriarum action for pain and suffering interdict (1 )

The delictual remedy used to claim a solatium for intentional infringement of personality rights is the actio iniuriarum. The correct answer is therefore alternative [2]. [see chap 1 par 4.3]

Question 3 The delictual remedy used to prevent wrongful causing of harm is the: 1. 2. 3. 4.

actio legis Aquiliae actio iniuriarum action for pain and suffering interdict (1 )

The delictual remedy used to prevent wrongful causing of harm is the interdict.

Therefore the correct alternative is [4]. [see study guide p 11 and chap 7 par 2] Question 4 The delictual remedy used to claim compensation for negligent infringement of the corpus is the: 1. 2. 3. 4.

actio legis Aquiliae actio iniuriarum action for pain and suffering interdict (1 )

The delictual remedy used to claim compensation for negligent infringement of the corpus is the action for pain and suffering The correct alternative is [3]. [see chap 1 par 4.4] Question 5 A delictual remedy with which damages can be prevented without proving fault is the: 1. 2. 3. 4.

actio legis Aquiliae actio iniuriarum action for pain and suffering interdict (1 )

An interdict is directed at the prevention of a wrongful act, and not at the retribution for wrongfulness already committed, fault is therefore not a requirement. The correct alternative is [4]. [see chap 7 par 2]

Question 6 When the so-called open-ended delictual norms are given content in the light of the basic values of chapter 2 of the Constitution, this process is known as: 1. 2. 3. 4.

direct application of the Bill of Rights indirect application of the Bill of Rights vertical application of the Bill of Rights a constitutional delict (1 )

The process of subjecting open-ended or flexible delictual principles to the Bill of Rights, and giving such principles content in the light of basic values of the Bill of Rights, is known as indirect application of the Bill of Rights.

The correct answer is therefore alternative [2]. [see chap 1 par 5(b)]

Question 7 The principle dictating at what stage prospective loss must be claimed is known as: 1. 2. 3. 4.

the sum-formula approach the “once and for all” rule compensating advantages mitigation (1 )

In a claim for compensation, the plaintiff must claim damages for all damage already sustained as well as that expected in the future. This principle is known as the “once and for all” rule, and it effectively dictates the stage at which prospective loss must be claimed. The correct alternative is [2]. [see chap 6 par 4.7.1 and 4.6]

Question 8 Prospective loss is best assessed in accordance with: 1. 2. 3. 4.

the sum-formula approach the “once and for all” rule compensating advantages mitigation (1 )

The sum formula approach refers to a hypothetical (potential) patrimonial position of the plaintiff in order to provide for the assessment of prospective damage. The correct alternative is [1]. [see chap 6 par 4.5.1] Question 9 Defamation is in the first place an infringement of a person’s: 1. 2. 3. 4.

bodily integrity good name privacy feelings (1 )

Defamation is the wrongful, intentional infringement of another person’s right to his/her good name. The correct alternative is [2]. [see chap 10 par

3.2.1] Question 10 If a person can differentiate between right and wrong and act in accordance with this insight, he or she: 1. 2. 3. 4.

is in a state of automatism can rely on a ground of justification has intent is accountable (1 )

A person is accountable if he/she has the necessary mental ability to distinguish between right and wrong and if he/she can also act in accordance with such appreciation. The correct alternative is [4]. [see chap 4 par 2]

Tutorial Letter 201/2/2012 Question 1 Indicate the correct statement with regard to delictual remedies. 1. The actio iniuriarum is directed at “satisfaction” for the wrongful and intentional injury to personality. 2. Intention is always a requirement for the actio legis Aquiliae. 3. South African law follows the casuistic approach with regard to delictual liability. 4.  “Invasion of privacy ” in practice is considered as a form damnumof iniuria datum. (1) The correct alternative is [1]. Question 2 Which one of the following is not a requirement for an interdict? 1. 2. 3. 4.

There must be no other remedy available to the applicant. There must be a  “clear right There must be an infringement or a threat of an infringement of a clear right. Intention or negligence must be present. ’.

(1) The correct answer is [4].

Question 3 Indicate the correct statement with regard to the concurrence of delictual, criminal and contractual liability. 1. 2. 3. 4.

A claim for damages is the primary remedy for breach of contract. One and the same act may render the wrongdoer delictually as well as contractually liable. One and the same act cannot establish delictual as well as criminal liability. A claim for damages is the secondary remedy in respect of a crime. (1)

The correct alternative is [2]. Question 4 Indicate the incorrect statement with regard to the law of delict and the Constitution. 1. 2.

An infringement of a right may constitute a constitutional wrong and a delict. The requirements for a delict and a constitutional wrong differ materially.

3. 4.

An infringement of a right cannot constitute a constitutional wrong and a delict. Indirect application means that the state must generally respect fundamental rights and not infringe them. (1)

Unfortunately a mistake slipped in here. [3] and [4] are both incorrect, and therefore we gave each student who completed this assignment a mark for this question. We apologise for any inconvenience caused by this.

Question 5 Which one of the following is a requirement for a successful reliance on  “private defence”? 1. 2. 3. 4.

There must be fault on the part of the aggressor. The attack must be directed at the defender. The attack must be wrongful. Factual and legal causation must be present. (1)

The correct alternative is [3].

Question 6 Indicate the incorrect statement with regard to intent. 1. According to Neethling and Potgieter, consciousness of wrongfulness is a requirement for intent. 2. Dolus eventualis exists where the wrongdoer directly wills one consequence of his conduct but at the same time acknowledges that another consequence will unavoidably occur. 3. Only an accountable person can act with intent. 4. Dolus indeterminatus exists where the wrongdoer’s will is directed at the result which he causes while he has no specific person or object in mind. (1) The correct answer is [2]. Question 7 Which of the following requirement/s must be present before provocation may be raised as a defence? 1. 2. 3. 4.

The conduct of the defendant must be immediate. The defendant must be accountable. The defendant must not have contributed to the provocative conduct. 2 and 3 above. (1)

The correct alternative is [1].

Question 8 Which of the following acts is not an iniuria (infringement of a personality right)? 1. 2. 3. 4.

Defamation. Negligent misrepresentation. Invasion of privacy. Adultery. (1)

The correct alternative is [2]. Question 9 In which one of the following remedies is there no need to prove damage: 1. 2. 3. 4.

Interdict. Actio de pastu. Action for pain and suffering. Actio de pauperie. (1)

The correct alternative is [1].

Question 10 For which one of the following remedies is fault not a requirement? 1. 2. 3. 4.

Action for pain and suffering. Actio de pauperie. Actio legis Aquiliae. Actio iniuriarum. (1)

The correct alternative is [2]. TOTAL MARKS: [10]

13

Tutorial Letter 201/2/2013 Question 1 Andrew inadvertently damages Ben’s violin. Which delictual action may be available to Ben? 1.

actio legis Aquiliae

2.

actio iniuriarum

3.

action for pain and suffering

4.

actio de pastu

5.

none of the above (1)

The correct alternative is [1]. Question 2 James employs electronic equipment to listen in on Karl’s telephone conversations. Which remedy or remedies may be availa...