Quelpr
4 marksEstates, Co-ownership, Leases and Licences

CAPE Law Unit 2 · 2008 · Paper 2 · Question 1(c)(ii)

Noah dies before his son Adam arrives home. Noah's divorced wife Ruth, living abroad for over 20 years, asserts that she never signed papers transferring her interest and remains a joint tenant in the house, telling Adam and Noah's widow to vacate.

Comment on the likelihood of Ruth succeeding in her claim, referring to decided cases.

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Other parts of this question

  1. 1(a)(i)Identify which parties would be held liable for the damage caused to the neighbour's premises.[2 marks]
  2. 1(a)(ii)Using relevant case law, explain the legal basis for the liability of each party identified in (a)(i).[8 marks]
  3. 1(b)With reference to decided cases, explain to the management the extent to which they can rely on the 'No refund' exclusion clause.[10 marks]
  4. 1(c)(i)With reference to decided cases, identify and explain the legal basis of Ruth's claim to entitlement to the property as a joint tenant with Noah.[6 marks]

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