LAW OF PROPERTY M CQ (PVL3701) LATEST EXAM 2022/2023 (ORIGINAL) 0VER 60 QUESTIONS GRADED A+

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1. Indicate the correct option. Which one of the following things can be regarded as a res nullius? (1) a domesticated tiger living in his owner‟s house (2) an impala roaming in the bushes (3) a... Persian cat lying on the neighbor‟s patio (4) a springbok kept on a private game farm for hunting purposes RESPONSE: Option 2 is correct. A res nullius is a thing which does not belong to anyone. All creatures that are wild by nature either in their natural state or when they have reverted to their former wild state are regarded as res nullius. Wild animals that have been tamed (option 1), domestic animals (option 3) or wild animals regulated by the Game Theft Act 105 of 1991 (option 4), are not res nullius. An impala roaming in the bushes is wild by nature and regarded as a res nullius. See Study Guide pg 92 2. Indicate the correct option. The following is an example of constructive delivery where a transferee is placed in position to exercises physical control over a thing: (1) delivery with the short hand (2) symbolic delivery (3) attornment (4) cession of ownership RESPONSE: Option 2 is correct. Constructive delivery is when there is no physical or actual handing over of the thing. The transferee is either placed in a position to excercise physical control, already in physical control or someone else exercises physical control on his/her behalf. Examples of a transferee placed in a position to excercise physical control over the thing are symbolic delivery, delivery with the long hand (traditio longa manu) and bills of lading. See Study Guide pg 132-134 [Show More]

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