QUESTION 4

Question

Is the following person, who has a diamond in her pocket, in actual control of said diamond? Indicate the most CORRECT statement. A thirty year old person unaware of the presence of the diamond in her pocket. The diamond was placed in her pocket by the person next to her, who was afraid that the police might search them and find the diamond.
• A. Mala fide possessor
• B. Unaware, dies have mental capacity
• C. Aware, lawful holder
• D. Bona fide possessor
O E. Unaware, no mental capacity
• F. None of the above
QUESTION 5
Candid Electronics v Merchandise Buying Syndicate 1992 (C) is authority for the application of which remedy?
• A. Rei vindicatio
• B. Declaratory order
•. C. Interdict
• D. Spoliation

Answer 1

QUESTION 4: The most correct statement about the thirty-year-old person who is unaware of the presence of the diamond in her pocket would be F. None of the above. This is because she does not consciously or intentionally control the diamond, which excludes her from the categories of mala fide possessor, bona fide possessor, or any of the aware/mental capacity distinctions listed.

QUESTION 5: Candid Electronics v Merchandise Buying Syndicate 1992 (C) is authority for the application of A. Rei vindicatio. This case dealt with the recovery of possession of an item of property and established principles related to the vindicatory action.