Law of property - Exam elaborations

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Question 1 A real relationship is the legal relationship between a legal subject and a thing. Question 2 The spoliation remedy is based on the principle that the person who has been unlawfully ... deprived of his/her control must be reinstated in his/her original state of control before the merits of the case can be investigated. Owner argued that the residents approved or rather agreed with the demolition of the hostels, by the removal of the roofs. Question 3 The requirements for a successful reliance on this remedy are: • The applicant must have enjoyed peaceful and undisturbed control of the thing. • There respondent must have disturbed the applicant’s control in an unlawful manner. According to the facts of the case, the residents claim that they leaved peacefully and undisturbed before they where unlawfully disturbed, and ended up being evicted. This group has a high chance of succeeding using this remedy. .....................................................CONTINUED....................................... [Show More]

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