Distinguish between real rights and personal rights

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Reference no: EM133901394

Question

Thuli is a business owner who appoints Zane as her agent to secure a loan using her warehouse as security for a R1 million credit agreement. Zane signs a suretyship in Thuli's name and registers a mortgage bond over the warehouse without informing Thuli. When Thuli discovers it she disputes is validity of the secuity and the agent's authority. The lenders argues that it holds a real right and is protected.

1. Distinguish between real rights and personal rights.

2. Discuss whether the agent (Zane) acted within the scope of his authority and the legal consequences.

3. Evaluate whether the mortgage bond is enforceable against Thuli, and explain the lender's position in terms of holding a real right.

Reference no: EM133901394

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