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Examinations
Semester 1 2002
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Emalus
Campus
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COURSE NAME: Property Law 1
COURSE NO: LA300
TIME ALLOWED: Three Hours
READING TIME: 10 Minutes
NUMBER OF PAGES: 4
NUMBER OF QUESTIONS ON PAPER: 9
NUMBER OF QUESTIONS TO BE ANSWERED: 4
MARK ALLOCATED FOR EACH QUESTION: 25
TOTAL MARKS: 100
MATERIALS PERMITTED IN EXAMINATION ROOM:
None
SPECIAL INSTRUCTIONS
Students should answer FOUR questions.
All questions carry equal marks
Where relevant students should indicate the jurisdiction to which their answer refers.
Students are expected to cite relevant
authorities where appropriate particularly the case law and legislation of the
region.
1.
Betty was given a
good quality watch as a present by her grandmother when she left home to go to
university. The watch is a well known
make without any distinctive marks other than the usual logo. One day while playing sport, Betty looses her
watch. She subsequently sees a watch
which looks just like hers on the desk in the security officer’s room. She takes the watch. Someone sees her doing this. The security officer comes back and finds the
watch gone. He claims it is his because
he found it on the coral gravel outside his office. He says Betty is a thief.
Who has the
better claim to the watch, Betty, the security guard, the University which
leases the land or the custom owners of the land?
2.
The law of
property cannot stand still because what we value as property is constantly
changing and we require the law to keep up with these changes.
Discuss
3.
An American
pharmaceutical company has recently discovered that certain
Consider: a) the
requirements for a successful patent application and whether these are likely
to be met in the circumstances
AND
b) whether the
Pacific islanders who donate their blood will be entitled to share in any
commercial benefits of such patents?
4.
Write an
explanatory note on three of the following:
a) Equity’s darling
b) Where the
equities are equal the first in time prevails
c) A right in rem
d) The nemo dat rule
e) Indefeasibility
of title
f)
The deliverable state of goods
g) Assignment of a
chose in action
h) Economic and
moral rights under copyright
5.
Possession is an
essential aspect of property law, regardless of the nature of the
property. Without possession a person
has no rights.
Discuss, with
particular reference to case law with either supports or refutes this statement.
6.
Sunshine Foods is
a health food company registered in the region.
Its business is to package and market natural products and sell them as
health foods, free of any chemical substances.
At present it is seeking to promote various nuts found in the
region. The company has come up with a
logo, an advertising jingle to play on the radio, and an attractive yellow and
green plastic wrapping for their products.
Already the quality of their products is attracting customers within and
beyond the region.
Advise them how
they can best protect their product and its image from competitors.
7.
Write a note on two
of the following indicating any particular issues raised by these forms of
transfer:
a) The transfer of
shares in a public company way of a gift
b) The transfer by
way of a cash sale of a motor vehicle
c) The transfer of a
cooker by way of a credit purchase sale
d) The assignment of
a lien over crops
e) The exercise of a
mortgagee’s rights in the case of a default of payment of a mortgage secured
over a residential property.
8.
Property in the
region and the law of property as an introduced concept are incompatible.
Present two
arguments. One which supports this
statement and one which disagrees with it.
9.
Marcellin was
getting old, although he was in good health.
He decided to put his property affairs in order and called his grown up
children to come to his house.
To his eldest son
James he said: “My land is your land.
When I am dead it is your responsibility to look after the land so that
you too can pass it on”.
To his eldest
daughter Sara he said: “This house and all that is in it will be yours. You already have the keys to the door”.
To his son Amos
he said: “This is my bank book. I am
giving it to you so that you can look after the family finances from now on”.
To his youngest
daughter Jane he said: “To you I entrust the family history, the secrets of out
people and the cures for our illnesses.
I have told you these many times and you must keep them safe and secret
for this knowledge is of great value”.
Two days later
Marcellin died quite suddenly. It was
discovered that he had left a written document in a biscuit tin under his bed
which was stated to be his last will and testament. In it he had expressed a wish that all his
property should be left to the church.
Examine the facts
and indicate who is entitled to what, and why.