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.