Question: Before you answer questions 3-6 of this assignment, read Study Units 1-4 very carefully. Also, read Petropulos and Another v Dias 2020 (5) SA 63
Before you answer questions 3-6 of this assignment, read Study Units 1-4 very carefully. Also, read Petropulos and Another v Dias 2020 (5) SA 63 (SCA). While reading the Study Units and the Petropulos decision, focus on the nature of the different rights that are dealt with in this module, namely personal rights, real rights and limited real rights (Study Unit 2). Keep in mind that ownership is the most complete real right that a person can have with regard to his or her own thing, but the law and the rights of others can limit this right (Study Unit 3). Real rights such as ownership and limited real rights, such as servitudes, should be registered in the Deeds Registry, while personal rights are usually not registered. Ownership can be acquired in different ways, either through original means or through derivative means (Study Units 4 and 5). Certain remedies exist to protect the rights and interests of persons (Study Unit 6). Against this background, consider the following set of facts: Mr. Smith and Mr. Jones owned adjoining properties on a steeply sloped mountainside erf in Gordons Bay, Cape Town. In March 2024, Mr. Smith undertook substantial excavation work on his property to facilitate the construction of a three-level house and a lift shaft. Given the extent of the excavation, a retaining wall was built to provide lateral support. Around the same time, another neighbouring property owner, Mr. Brown, conducted minor excavation work to build an additional garage. His construction had little to no impact on the surrounding land's stability. Later that year, significant ground movement occurred, causing the entire slope beneath Mr. Jones' property to shift laterally and downward towards Mr. Smith's excavation site. As a result, Mr. Jones' property suffered extensive structural damage. Mr. Brown's property was also affected, ultimately leading him to abandon it. 5Mr. Jones attributed the damage to Mr. Smith's excavation activities and subsequently instituted a claim for damages, alleging that he had breached his duty to provide lateral support to his property. Against this background answer questions 3 - 6: Question 6 If Mr. Smith argues that he was not negligent and had obtained all the necessary approvals before excavating, could he still be held liable for the damage
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