Foundations of South African Law
Occupatio
Working Questions II
1. Julia goes hunting in the wildernis, on land which is unenclosed and which belongs the local Municipality. There she finds a herd of buck which she pursues. She shoots one young buck in the hind leg, but the buck chases away. Discuss who owns the buck in question.
2. Would your answer under 1 above differ if Julia had not shot the buck, but in fact caught it in a trap. Explain your answer.
3. The newspapers are currently full of stories about the Tiger of Delmas which escaped from the bakkie of Goosey Fernandes. The tiger is currently on the loose. Someone approaches you to enquire whether it would be possible for him to acquire ownership of the tiger by capturing him. Please advise.
4. Would your answer to 3 differ if it were a domestic cat? Explain.
5. I forget a book which I bought yesterday outside the Law Library. Who does it belong to? Why?
6. Would your answer under 5 differ if the book were still lying there after two weeks during which I had attended several lectures in the Law Faculty Buidling?
7. “Occupatio is a primitive concept.” Discuss.
ARE THERE ANY MEMOS TO THESE QUESTIONS??
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