PVL1501 May/Jun 2011 exam paper — questions

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  1. Question A.1 · Legal subjects, personality and status · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Identify which one of the following bodies is recognised in South African law as a juristic person: option 1, the Fred Nicholson Trust; option 2, the Fred Nicholson and John Skosana Co-operative; option 3, the Fred Nicholson and John Skosana Partnership; or option 4, Fred Nicholson (the natural person) himself.Show the full question

  2. Question A.2 · Legal subjects, personality and status · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Select the case in which the court held that a mother cannot conclude a contract on behalf of her unborn child, on the basis that legal personality only commences at birth and that an agent cannot contract on behalf of a principal that does not yet exist: option 1, Shields v Shields 1946 CPD 242; option 2, Friedman v Glicksman 1996 (1) SA 1134 (W); option 3, Road Accident Fund v Mtati 2005 (6) SA 215 (SCA); or option 4, Chisholm v ERPM 1909 TH 297.Show the full question

  3. Question A.3 · Legal subjects, personality and status · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. According to the Births and Deaths Registration Act 51 of 1992, the Director-General of Home Affairs must be informed whenever a child is born alive. Where the child concerned has been abandoned, indicate by whom notice of the birth must be given: option 1, a social worker only; option 2, a social worker or an authorised officer; option 3, a social worker, an authorised officer, or a doctor; or option 4, a social worker, an authorised officer, a doctor, or a midwife.Show the full question

  4. Question A.4 · Legal subjects, personality and status · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Choose the correct statement regarding the presumption of death: option 1, once a court pronounces a presumption of death, this creates an irrebuttable presumption that the person is dead; option 2, a statutory presumption of death may only be granted if the judicial officer is certain, on a balance of probabilities, that the person is dead; option 3, where a common-law presumption of death is pronounced, the marriage of the surviving spouse is automatically dissolved as a result; or option 4, a court may appoint a curator bonis to manage a missing person's affairs without first pronouncing a presumption of death.Show the full question

  5. Question A.5 · Minors: capacity to act and contractual capacity · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Indicate what the court decided in the case of Landers v Estate Landers 1933 NPD 415: option 1, that a minor who misrepresented himself as a major cannot rely on restitutio in integrum; option 2, that a minor incurs liability if he entered into a contract without assistance and benefited from it; option 3, that a minor is liable if he entered into an unassisted contract and is enriched at the expense of the other contracting party; or option 4, that a minor who lost his inheritance because his guardian failed to protect his interests was granted restitutio in integrum.Show the full question

  6. Question A.6 · Minors: capacity to act and contractual capacity · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Determine when a minor becomes liable for unjustified enrichment: option 1, if he or she misled the other contracting party into believing he or she was an emancipated minor; option 2, if he or she obtained a patrimonial advantage at another's expense without any legal ground justifying the enrichment; option 3, if he or she entered into a contract with the guardian's consent and the contract was to the minor's disadvantage when concluded; or option 4, if he or she contracted unassisted and the contract, viewed as a whole, is to the minor's advantage.Show the full question

  7. Question A.7 · Legal subjects, personality and status · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Under the common law, indicate who may approach the high court to obtain an order presuming a person's death: option 1, any interested party; option 2, the Minister of Home Affairs; option 3, the investigating officer; or option 4, a magistrate.Show the full question

  8. Question A.8 · Domicile · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. A 17-year-old woman concludes a valid civil marriage. Determine where she is domiciled: option 1, at her domicile of choice; option 2, at the place with which she is most closely connected; option 3, at her place of birth; or option 4, at the place where her husband is domiciled.Show the full question

  9. Question A.9 · Minors: capacity to act and contractual capacity · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Identify which one of the following statements about the emancipation of a minor is INCORRECT: option 1, either parent may emancipate the child, provided that parent holds guardianship; option 2, it is uncertain whether a guardian who has emancipated a minor may later revoke that emancipation; option 3, the onus of proving that emancipation has taken place rests on the parent or guardian of the minor; or option 4, a minor is emancipated if his or her guardian grants him or her the freedom to enter into contracts independently.Show the full question

  10. Question A.10 · Legal subjects, personality and status · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Choose the correct definition of legal capacity: option 1, the capacity to have rights and duties; option 2, the capacity to perform valid juristic acts; option 3, the capacity to appear as a party to a lawsuit in a court of law; or option 4, the capacity to be held accountable for crimes.Show the full question

  11. Question A.11 · Minors: capacity to act and contractual capacity · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. On 20 February 2011, Themba, a 15-year-old minor, concludes a contract of sale with Mr Mokoena, a major, without the assistance of his legal guardian. Under the contract, Mr Mokoena sells Themba a motorcycle for R6 000, although the motorcycle's actual value at the time the contract was concluded was R5 000. On 20 March 2011, one month after the motorcycle was delivered to him, Themba resells it for R3 000. He spends this R3 000 as follows: R1 000 on liquor and other refreshments for a party (already consumed), and the remaining R2 000 on paying for his accommodation. On 5 April 2011, Mr Mokoena institutes action against Themba. Indicate which amount Mr Mokoena will be able to claim from Themba on the ground of unjustified enrichment: option 1, R1 000; option 2, R2 000; option 3, R5 000; or option 4, R6 000.Show the full question

  12. Question A.12 · Minors: capacity to act and contractual capacity · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Assume the same facts as in question A.11 (Themba, aged 15, who without his guardian's assistance bought a motorcycle worth R5 000 from Mr Mokoena for R6 000, later resold it for R3 000, and spent R1 000 on consumed liquor and refreshments for a party and R2 000 on accommodation), except that the date on which action is instituted differs: here Mr Mokoena institutes action on 5 March instead. Indicate which amount Mr Mokoena will be able to claim from Themba on the ground of unjustified enrichment: option 1, R1 000; option 2, R2 000; option 3, R5 000; or option 4, R6 000.Show the full question

  13. Question A.13 · Minors: capacity to act and contractual capacity · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Determine which one of the following a 14-year-old minor may do without parental assistance or consent: option 1, be a trustee in an insolvent estate; option 2, be a depositor at a mutual bank; option 3, act as a witness to a will; or option 4, make his or her own will.Show the full question

  14. Question A.14 · Capacity: prodigals, insolvents and mental illness · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Gavin has been declared mentally ill. During a lucid interval, he concludes a contract with Ben. Determine the status of this contract: option 1, void; option 2, voidable at Gavin's choice; option 3, valid; or option 4, voidable at Ben's choice.Show the full question

  15. Question A.15 · Legal subjects, personality and status · 2 marks

    This is Section A, the multiple-choice component of the Law of Persons (Private Law) examination. Candidates must mark their answers on the mark-reading sheet and then transfer (copy) those same answers onto the examination paper itself. The unique number for this section is 472051 for PVL1501 or 487164 for PVL101Q. Fifteen questions are set, each worth 2 marks, giving a section total of 30 marks. Select the best definition of a nasciturus: option 1, a fiction that creates legal personality; option 2, a conceived but as yet unborn child or fetus; option 3, a child's claim for pre-natal injuries; or option 4, a fiction that benefits third persons.Show the full question

  16. Question 1(a) · Legal subjects, personality and status · 2 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Name the two categories of legal subjects that are recognised by South African law.Show the full question

  17. Question 1(b) · Legal subjects, personality and status · 6 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Mr Mokoena's will contains a clause stating: 'My son, Simon, inherits R100 000 and his children who are alive at the date of my death, each inherits R50 000.' Mr Mokoena died on 20 March 2011. At that time Simon had two children, Sarah and Anna. Simon's third child, James, was born on 1 April 2011. Explain, with reference to authority, who will inherit from Mr Mokoena.Show the full question

  18. Question 1(c)(i) · Legal subjects, personality and status · 1 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Fill in the missing name of the Act: in terms of the ..................... (name of the Act), termination of a pregnancy is allowed under certain circumstances.Show the full question

  19. Question 1(c)(ii) · Legal subjects, personality and status · 4 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Explain that from the 13th up to and including the 20th week of the gestation period, a pregnancy may be terminated if a medical practitioner, after consultation with the pregnant woman, is of the opinion that any of certain circumstances are present. List these circumstances.Show the full question

  20. Question 1(d)(i) · Legal subjects, personality and status · 2 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Robin, a 38-year-old man, is an experienced swimmer who has competed in many swimming events. On 14 August 2009 he took part in a national swimming competition from Cape Town to Robben Island, despite being aware that the sea in that area was shark infested. No one saw him finish and he has been missing ever since. His wife, Mary, has since fallen in love with another man, Jabulani, and seeks your advice. Advise Mary fully on whether she may approach the high court for an order granting a presumption of death.Show the full question

  21. Question 1(d)(ii) · Legal subjects, personality and status · 1 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Continuing with Robin and Mary's scenario: once the court has pronounced the presumption of death, explain what happens to Robin's estate.Show the full question

  22. Question 1(d)(iii) · Legal subjects, personality and status · 3 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Continuing with Robin and Mary's scenario: Mary now wants to marry Jabulani. Advise her, with reference to the relevant legislation, on whether this is possible and, if so, what steps she must take to ensure that her marriage to Jabulani will be valid.Show the full question

  23. Question 1(d)(iv) · Legal subjects, personality and status · 1 marks

    This question in Section B must be answered directly on the examination paper in the space provided. Continuing with Robin and Mary's scenario: three years after his disappearance, Robin is found alive and well. Mary, who has since married Jabulani, wants to know from you who she is legally married to, Robin or Jabulani.Show the full question

  24. Question 2(a) · Domicile · 3 marks

    Sipho, a seven-year-old boy, is the child of divorced parents. His father resides in Johannesburg, while Sipho himself lives with his mother in Cape Town. State where Sipho is domiciled and explain your answer, referring to the relevant legal authority.Show the full question

  25. Question 2(b)(i) · Domicile · 2 marks

    Cathy and Hannah concluded a valid civil union with each other the previous year. They have now become the parents of a baby girl, whom they have named Sally. Sally was conceived through the artificial fertilisation of Hannah, and every party involved consented to the artificial fertilisation procedure. Explain what Sally's legal status is and give a reason for your answer.Show the full question

  26. Question 2(b)(ii) · Domicile · 2 marks

    Referring back to Cathy and Hannah's situation: would your answer regarding Sally's status differ if Sally had instead been born in 2006, under the same circumstances (a valid civil union between Cathy and Hannah, with Sally conceived through the artificial fertilisation of Hannah with the consent of all parties)? Support your answer with reference to legal authority.Show the full question

  27. Question 2(b)(iii) · Domicile · 3 marks

    Still considering Sally's birth in 2011 (as described in (i) above), would your answer be any different if, instead of having entered into a civil union, Cathy and Hannah were merely life partners who had never formalised their relationship through a civil union? Explain your answer fully.Show the full question

  28. Question 2(c)(i) · Domicile · 1 marks

    Margaret and Jonathan married each other in April 2006. Jonathan then worked in Dubai for six months, from April 2008 to September 2008. During this period, Margaret had an affair with Freddy. On 15 November 2008 she discovered that she was 20 weeks pregnant, and the baby was subsequently born on 3 April 2009. Jonathan is aware that he cannot be the biological father, but Margaret has told him that because they are married, the law presumes him to be the child's father and that there is nothing he can do about this. Jonathan has now come to you for legal advice. State the legal principle in terms of which it is presumed that Jonathan is the father of the child.Show the full question

  29. Question 2(c)(ii) · Domicile · 4 marks

    Using the same facts about Margaret and Jonathan (married in April 2006; Jonathan in Dubai from April 2008 to September 2008; Margaret's affair with Freddy during this time; the pregnancy discovered on 15 November 2008 at 20 weeks; and the baby born on 3 April 2009), advise Jonathan on whether there is any way for him to rebut the presumption of paternity, that is, to prove that he is not the child's father. If such a way exists, discuss all of the options available to him.Show the full question

  30. Question 2(c)(iii) · Domicile · 2 marks

    Suppose that, on the same facts concerning Margaret and Jonathan, Margaret had instead decided to divorce Jonathan as soon as she discovered she was pregnant, and had then immediately married Freddy before the child was born. In terms of the presumption of paternity, who would legally be regarded as the child's presumed father in these circumstances?Show the full question

  31. Question 2(d) · Domicile · 3 marks

    The Children's Act 38 of 2005 has replaced the common-law and statutory provisions that previously denied unmarried fathers inherent parental authority. Identify the circumstances, set out in section 21(1) of the Act, under which an unmarried biological father automatically acquires full parental responsibilities and rights in respect of his child.Show the full question

  32. Question 3(a)(i) · Minors: capacity to act and contractual capacity · 2 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. Explain what is meant by the term 'unilateral contract'.Show the full question

  33. Question 3(a)(ii) · Minors: capacity to act and contractual capacity · 1 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. Provide an example of a unilateral contract.Show the full question

  34. Question 3(a)(iii) · Minors: capacity to act and contractual capacity · 2 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. Explain what is meant by the term 'multilateral contract'.Show the full question

  35. Question 3(a)(iv) · Minors: capacity to act and contractual capacity · 1 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. Provide an example of a multilateral contract.Show the full question

  36. Question 3(b) · Minors: capacity to act and contractual capacity · 3 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. List the different forms that a guardian's assistance to a minor's contract may take.Show the full question

  37. Question 3(c)(i) · Minors: capacity to act and contractual capacity · 3 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. Given that Mary (17 years old), without her guardian's consent, entered into a R12 000 contract with Mr Naidoo (a major) to buy a television, and induced him to contract with her by fraudulently presenting a forged identity document showing her as 18 years old, paid a R500 deposit, received the television, and now refuses to pay the outstanding balance claiming minority as a defence: a minor who commits such a misrepresentation (as Mary did) commits a delict and may therefore be held delictually liable, meaning the prejudiced party (Mr Naidoo) has a claim for damages against the minor who committed the delict. State the requirements that must be met for delictual liability to arise in these circumstances.Show the full question

  38. Question 3(c)(ii) · Minors: capacity to act and contractual capacity · 1 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. Some legal commentators argue instead for contractual liability of a minor who has committed a misrepresentation. Name the court case in which such contractual liability was considered, being a case where a minor misrepresented himself as an emancipated minor when, without the necessary assistance, he purchased a motorcycle from a major.Show the full question

  39. Question 3(c)(iii) · Minors: capacity to act and contractual capacity · 1 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. With reference to the case identified in question 3(c)(ii) above, state what the court decided regarding the money that the minor had already paid.Show the full question

  40. Question 3(c)(iv) · Minors: capacity to act and contractual capacity · 3 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. Suppose instead that Mr Naidoo was not deceived by Mary's attempt to pass herself off as a major, it being obvious to him that she was in fact a minor. Discuss whether Mary would still be liable to Mr Naidoo on the basis of misrepresentation in these circumstances.Show the full question

  41. Question 3(d) · Minors: capacity to act and contractual capacity · 3 marks

    This question concerns unilateral and multilateral contracts, the assistance a guardian may give a minor when the minor enters into a contract, and a scenario involving Mary, a 17-year-old girl, who without her guardian's assistance concludes a contract with Mr Naidoo (a major) to buy a television for R12 000, misleading him with a forged identity document into believing she is 18; she pays a R500 deposit, receives the television, and then refuses to pay the balance, claiming minority status exempts her from liability, prompting Mr Naidoo to seek your advice. Briefly explain a minor's capacity to incur criminal liability.Show the full question

  42. Question 4(a)(i) · Capacity: prodigals, insolvents and mental illness · 1 marks

    This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Ntabiseng, who is 17 years old, enters into a valid civil marriage with Peter, who is a major. State what effect this event has on Ntabiseng's status.Show the full question

  43. Question 4(a)(ii) · Capacity: prodigals, insolvents and mental illness · 1 marks

    This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Ntabiseng, who is 17 years old, enters into a valid customary marriage with Peter, who is a major. State what effect this event has on Ntabiseng's status.Show the full question

  44. Question 4(a)(iii) · Capacity: prodigals, insolvents and mental illness · 1 marks

    This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Three months after Ntabiseng and Peter's civil marriage, while Ntabiseng is still 17 years old, Peter dies. State what effect this event has on Ntabiseng's status.Show the full question

  45. Question 4(b) · Capacity: prodigals, insolvents and mental illness · 2 marks

    This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Ntabiseng is 17 years old and wants to enter into a civil union with Peter, a major, but her parents inform her that this is not possible. She asks you whether her parents are correct, and requires you to give the reason(s) supporting your advice.Show the full question

  46. Question 4(c) · Capacity: prodigals, insolvents and mental illness · 4 marks

    This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. One evening, after having a few drinks at a pub, Bobby purchases a motor car from his friend Andrew. The next morning Bobby regrets the purchase and attempts to escape the contract by claiming he was drunk the previous night. Andrew comes to you for advice, telling you that Bobby was in fact not drunk. You are required to advise Andrew on whether Bobby is liable under the contract, giving the reason(s) for your conclusion, and in doing so to fully explain to Andrew how intoxication affects a person's capacity to act.Show the full question

  47. Question 4(d) · Capacity: prodigals, insolvents and mental illness · 1 marks

    This question concerns Ntabiseng, a 17-year-old minor, and her relationships with Peter (a major), as well as a separate scenario involving Bobby and Andrew regarding intoxication and contractual capacity. Fill in the blank: the age of majority in South Africa has been fixed by statute at ..................... years.Show the full question

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