Micaela is an artist specializing in sculpture. One day, at her studio she finds raw marble and believes that it was her leftover marble from another project. In reality, the marble belongs to Sky who also rents space at the same studio. Micaela gets to work and discards her first attempt at a statue. She has success on her second attempt and makes an abstract statute out of the marble entitled 'Dream'. The art world goes into a frenzy over Micaela's latest work and the statue's estimated value now stands at at R250 000. Anesu is an art collector and wishes to buy 'Dream'. She agrees to buy the statue from Micaela for R300 000. Micaela is thrilled about this sale and arranges for the statue to be packaged and delivered to Anesu as soon as she got the notification from her bank that the money had been transferred. It turns out that Micaela mistakenly packaged the wrong statue and it was her 'first attempt statue' that was sent to Anesu. Before this is discovered, Anesu changes her mind and decides she no longer wants a marble statue in her art collection. She decides to sell the statue to her friend Nina who buys it for R400 000. At the same time that all of this is taking place, Sky discovers that his marble is no longer at the studio and wants to recover it. Meanwhile, Nina wants to put the statue she bought in her garden. The statute is very big and obstructs the view of her neighbour, Caitlin. Caitlin lives on the property next to Nina and sends Nina the following text message "You must remove that statue. It is obstructing my view and I will be taking legal action. I have evidence in a title deed that the owner of the property next to me may not block my view!" Nina ignores the text message and thinks that what Caitlin is referring to is an agreement with the previous owner of the property.

Distinguish clearly, where appropriate, between claims in rem and claims in personam.

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The terms claims in rem and claims in personam are used in legal contexts to describe different type... View the full answer