Identify one person in the above set of facts that can be described as a "lawful holder". Specifically refer to the relevant thing(s) of which he/she is a lawful holder.

Law
Identify one person in the above set of facts that can be described as a "lawful holder". Specifically refer to the relevant thing(s) of which he/she is a lawful holder.

ScanSolve AI Answer

Answer

b

Step 1: Identify the set of facts described as involving "fault" (delictual liability requiring intention or negligence).

The facts involving fault are:

  • Sipho intentionally damaged the fridge (dolus).
  • Thando unlawfully changed the locks and removed Sipho's belongings (intentional trespass/unlawful dispossession).
  • Potential invasion of guest's privacy by looking into suite (negligence or intention).

Step 2: Determine which does not require fault.

The loan of R50 000 from Thando to Sipho is a contractual debt (breach of contract, no fault required for delict).

Thus, the answer that should not be included in the "fault" set is the contractual loan.

b

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