QUESTION $3$

$(25$ Marks$)$

Thando falls behind on rent payments for the property where the vending machines are installed, and the landlord decides to invoke the landlord's 'hypothec' to recover the arrears. Historically, Ayanda failed to provide any written notice or documentation to the landlord indicating that she owns the stock.

Ayanda phones you in a frantic state. She does not understand any legalities which are being stated to her regarding a hypothec.

You are required to provide legal assistance to Ayanda based on the above circumstances.

$3\mathrm{.}1$ Discuss what a 'hypothec' is in law. Provide examples to demonstrate your understanding.

$(5$ Marks$)$