1
How would you describe the real relationship between the group of people (legal subjects)
and the house (legal object)? Substantiate your answer. (2)
Evaluation criteria Not yet
achieved
Partially
achieved Achiev
...
1
How would you describe the real relationship between the group of people (legal subjects)
and the house (legal object)? Substantiate your answer. (2)
Evaluation criteria Not yet
achieved
Partially
achieved Achieved
1. Real relationship identified correctly and
reason provided based on information found in
Study Guide; reference to applicable legislation
not necessary
0 1 2
Question 2
Evaluate the validity of the owner’s argument that the group of people will not succeed with
the spoliation remedy with specific reference to the nature and purpose of the spoliation
remedy. Substantiate your answer. (4)
Evaluation criteria Not yet
achieved
Partially
achieved Achieved
1. Nature and purpose of the spoliation remedy
described correctly with reference to case law
and based on information found in the Study
Guide and prescribed material
0 1 or 2 3
2 Evaluation and conclusion about validity of
owner’s argument in view of information
provided
0 ½ 1
Question 3
What are the requirements for a successful reliance on the remedy and what are the chances
of success of the group of people? Substantiate your answer. (5)
Evaluation criteria Not yet
achieved
Partially
achieved Achieved
1. Requirements described correctly with
reference to City of Tshwane Metropolitan
Municipality (also with reference to the specific
paragraph) and based on information found in
the Study Guide
0 1, 2 or 3 4
2 Evaluation and conclusion about the chances
of success of the group of people in view of
information provided
0 n/a 1
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4
Question 4
The owner of the house clearly did not follow the correct procedure to evict the group of
people from the house. Briefly advise the owner of the house on the applicable remedy that
he should have instituted and the procedure that he should have followed to evict the group
of people. (4)
Evaluation criteria Not yet
achieved
Partially
achieved Achieved
1 Correct identification of most applicable
remedy available to the owner based on
information found in the Study Guide
0 n/a 1
2. Additional information about procedure
described correctly with reference to case law
and based on information found in the Study
Guide an
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