Pete is a medical doctor living in Bloemfontein and currently busy specializing. He drives
an old VW Jetta and one morning before work he parks it in the parking area of Universitas
Hospital. After finishing his shift in the afternoon, he arrives in the parking area to find that
the vehicle has been stolen. Pete claims from his short-term insurance and buys an old
VW Golf with the money he receives from them. Approximately six months later, Pete
notices the Jetta in the parking area of the Pick and Pay. He is able to identify the car due
to a small dent in the fender that his wife has given the car some years ago. Pete still has
the spare set of keys of the Jetta and drives it back to his home, believing that he has the
right to the car. However, a lady, Maria, now claims to be the rightful owner of the car,
having bought it in a private sale. Maria has been in possession of the car for four months
before the incident took place. Without going into the merits of the ownership issue, advise
Maria regarding her most appropriate remedy under the circumstances. Also indicate to
her which possible defences Pete may raise against the remedy you advised
Under these circumstances, Maria's most appropriate remedy would be to file a civil lawsuit against Pete for the return of the car or compensation for its value. She can argue that she is the rightful owner of the car as she purchased it in a private sale and had possession of it for four months before it was taken by Pete.
However, there are a few possible defenses that Pete may raise against Maria's claim:
1. Good faith: Pete can argue that he believed he had the right to the car because it was originally his and was stolen from him. He may claim that he had no knowledge of Maria's ownership at the time he took the car.
2. Equitable ownership: Pete could argue that he has a stronger claim to the car because he had original ownership and he continued to have possession and control of the car for many years before it was stolen.
3. Return of insurance proceeds: Pete may argue that he used the insurance money he received to purchase another vehicle (the VW Golf) in good faith, which should be considered as compensation for the stolen car.
Ultimately, the court will have to consider all the evidence and arguments presented by both parties and make a determination based on the specific facts of the case.