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ASSIGNMENT ONE

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ASSIGNMENT ONE
Question 1 Read the following scenario and answer the questions that follow: The Kruger’s moved into the neighborhood where the Mothibes and the Van der Merwes live. Both families welcomed the Krugers and invited them for a braai. Daan Kruger is a
Panel-beater and his wife Sarah is a teacher. Little did the Mothibes and the Van der
Merwes know that Daan planned to run his panel-beating business from home in future.
And then the noise started! Daan did not listen to the complaints of the neighbours and
Worked from early in the morning until late at night. The neighbours decided to approach
Jane Mothibe for legal advice. She then asked you, her article clerk, to find the answers to the questions that follow. (Note that half marks will be awarded.) (4) 1.1 Which real right of the neighbors has been infringed? To which division of the Private law does this real right belong? (1)
The right to ownership.
The private law deals with the link between, individuals and other individuals.

1.2 The Krugers allege that this right is the most complete right that one can have and that it cannot be limited. Explain to them that their allegation is for all practical purposes incorrect. (3)
Mr Kruger has ownership of his property, which is a real right as well as a personal right to do as he wishes with his property.
Mr Kruger has a personal right of right of performance meaning he can work from which early hours to late at night .
Mothibes and the Van der Merwes need to understand that every citizen of South Africa also has individual morality which means every person every individual sets standards for himself or herself , therefore if Mr kruger needs to provide for his family he will do set a high goals for himself to make his life comfortable to live no matter whom complains due to the fact he is making an honest living and the neighbors need to take inconsideration that he is not drug dealer and that they community is still

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