LAW OF PROPERTY Question and Answer

Question 

a) In relation to the law of property, describe five characteristics of a copyright.
b) Discuss five legal remedies of a mortgagee against a defaulting mortgagor

 

Answer

(a) Characteristics of copyright

  • Copyright is property right which gives a range of exclusive rights in relation to the copyright work.
  • The effect of copyright is to enable the owner to prevent others from using it.
  • Copyright protection is accorded to work.
  • Copyright arises automatically without the need for registration or other formality.
  • Copyright confers protection, raises presumption of authorship and seeks as a reminder of the rights of the copyright owner and a warning against infringement.

(b) The legal remedies of a mortgagee against a defaulting mortgagor

  • Sale

The mortgaged property can be sold and the proceeds used to clear the outstanding amount in the mortgage

  • Appoint a receiver

A receiver can be appointed to manage the property and the income received applied to clear the arrears and installments that fall due.

  • Foreclosure

A court can give orders to deny the mortgagor a right to redeem his property.

  • Possession of the mortgaged property and manage it to realize income to use to pay the arrears or installments due.
  • Sue

The debtor can be sued on the personal liability for breach of the covenant.

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