PVL1501 May/Jun 2019 exam paper — questions

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

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Identify which one of the following entities is NOT recognised as a juristic person in our law.Show the full question

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

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Select the only correct statement below. A presumption of death can be pronounced in terms of the common law if...Show the full question

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

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Indicate which one of the following statements regarding presumption of death is correct.Show the full question

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

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Identify which one of the following attributes or factors is NOT an attribute or factor that determines a person's status.Show the full question

  5. Question 5 · Legal subjects, personality and status · 2 marks

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Select the correct definition: Legal capacity is...Show the full question

  6. Question 6 · Domicile · 2 marks

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. The following statements deal with domicile. Indicate which one of the statements is INCORRECT.Show the full question

  7. Question 7 · Parentage and the parent-child relationship · 2 marks

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Indicate which one of the following options CANNOT be used by a man to rebut the presumption of paternity.Show the full question

  8. Question 8 · Parentage and the parent-child relationship · 2 marks

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. The following statements deal with children born of unmarried parents. Indicate the only correct option.Show the full question

  9. Question 9 · Parentage and the parent-child relationship · 2 marks

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Choose the only correct answer. The biological father of a child who is not, or was never, married to the mother of the child automatically acquires full parental responsibilities and rights in respect of the child if he complies with the requirements in which section?Show the full question

  10. Question 10 · Minors: capacity to act and contractual capacity · 2 marks

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Indicate which one of the following contracts concluded by four-year-old Nomsa is valid.Show the full question

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

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Without the assistance of his guardian, Tommy, a 16-year-old boy, concludes a contract with Leonard, a major, in terms of which Tommy sells his laptop to Leonard. Tommy delivers the laptop to Leonard, after which the contract is repudiated. Identify which remedy is available to Tommy in order to reclaim his laptop.Show the full question

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

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. John, a 17-year-old boy, wants to enter into a civil union. From the options below, choose the only correct answer.Show the full question

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

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Indicate the only correct statement. Sarah is 17 years old and has recently concluded a valid civil marriage with Tom, who is 21 years old. Soon after the marriage Tom was killed in an aeroplane crash. What will the effect of Tom's death be?Show the full question

  14. Question 14 · Minors: capacity to act and contractual capacity · 2 marks

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Indicate which one of the following statements regarding emancipation is INCORRECT.Show the full question

  15. Question 15 · Capacity: prodigals, insolvents and mental illness · 2 marks

    This section consists of 15 multiple-choice questions, each worth 2 marks, for a total of 30 marks. Unique number 479603. Answer these questions on the mark-reading sheet and copy the answers to the examination paper. Indicate which one of the following statements is correct.Show the full question

  16. Question 1(a) · Legal subjects, personality and status · 3 marks

    This question tests knowledge of juristic personality and the legal position of unborn children (the nasciturus doctrine), using the PVL1501 May/June 2019 paper's Section B, Question 1, which carries 15 marks in total and must be answered directly in the space provided on the exam script. Associations that meet the common-law requirements for the recognition of legal personality are one of the categories of juristic persons acknowledged in our law. Name the three common-law requirements that such an association must satisfy in order to be recognised as having legal personality.Show the full question

  17. Question 1(b) · Legal subjects, personality and status · 4 marks

    This question tests knowledge of juristic personality and the legal position of unborn children (the nasciturus doctrine), using the PVL1501 May/June 2019 paper's Section B, Question 1, which carries 15 marks in total and must be answered directly in the space provided on the exam script. Jamie Clarkson and Juliette May were married, and during the marriage Juliette gave birth to a daughter, June, who was given her father's surname, Clarkson. When June turned four, Jamie and Juliette divorced. Two years after the divorce, Juliette met Mark Hammond, and they married a year later, after which Juliette adopted Mark's surname. Juliette now wants June's surname to be changed so that it matches her (Juliette's) new married surname, Hammond. Advise Juliette on whether this is possible, referring to the relevant legal authority in support of your answer.Show the full question

  18. Question 1(c) · Legal subjects, personality and status · 8 marks

    This question tests knowledge of juristic personality and the legal position of unborn children (the nasciturus doctrine), using the PVL1501 May/June 2019 paper's Section B, Question 1, which carries 15 marks in total and must be answered directly in the space provided on the exam script. A table sets out four extracts (in Column A) taken from court decisions concerning the legal protection of the interests of unborn children (nasciturus). You are given a list of four cases: Road Accident Fund v Mtati; Chisholm v East Rand Proprietary Mines Ltd; Shields v Shields; and Ex parte Boedel Steenkamp. For each extract below, write in Column B the name of the case from this list in which that particular decision was handed down: (i) a child in its mother's womb is presumed to have been alive for purposes of succession, provided the child is later born alive and provided this is to the child's advantage; (ii) an agreement in which a mother waives her unborn child's right to maintenance is contrary to the legal convictions of the community; (iii) a child whose father was killed before the child's birth, as a result of someone else's delict, has a dependant's action for damages for loss of support against the wrongdoer; (iv) it is unnecessary to rely on the nasciturus fiction in order to grant a child an action for injuries suffered before birth (pre-natal injuries).Show the full question

  19. Question 2.1.1 · Domicile · 3 marks

    Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Refilwe, aged 21, had been living and working in Cape Town until she was retrenched a month ago. She is currently staying with a friend in Port Elizabeth while she searches for another job. State where Refilwe is domiciled, giving a reason and citing authority for your answer.Show the full question

  20. Question 2.1.2 · Domicile · 3 marks

    Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Vusi, aged 20, is mentally incapacitated. He was born in Durban and lived there with his parents until they divorced. After the divorce his mother relocated to Polokwane while his father remained in Durban. Since the divorce, Vusi has been cared for by his grandmother, who lives in Modimolle. State where Vusi is domiciled and give a reason for your answer.Show the full question

  21. Question 2.1.3 · Domicile · 2 marks

    Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Thandi is a 7-year-old girl who was born in Cape Town and lived there with her parents until her father died last year. Following her father's death, her mother moved to Johannesburg, while Thandi has since been living with her aunt in Durban, where she also attends school. State where Thandi is domiciled and give a reason for your answer.Show the full question

  22. Question 2.2 · Domicile · 3 marks

    Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Although parentage is generally determined by the biological fact of being genetically related to a child, section 1(1) of the Children's Act 38 of 2005 excludes three categories of persons from legally qualifying as a child's 'parent'. Name these three excluded categories.Show the full question

  23. Question 2.3 · Domicile · 3 marks

    Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. The case of YM v LB 2010 (6) SA 338 (SCA) concerns the power of a court to order scientific tests to be carried out on a blood sample or other sample taken from a child in a paternity dispute. In one or two sentences, briefly state what the court held in this case.Show the full question

  24. Question 2.4 · Domicile · 4 marks

    Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. Name the four components that together make up parental responsibilities and rights.Show the full question

  25. Question 2.5 · Domicile · 2 marks

    Question 2 opens by asking candidates to study three domicile scenarios and then answer the questions that follow on each one. List two ways in which the status of a child born to unmarried parents can be changed to that of a child born to married parents.Show the full question

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

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. State whether the following statement is true or false: an infans (a very young child) has no capacity to act.Show the full question

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

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. State whether the following statement is true or false: an infans is a person who is younger than 12 months of age.Show the full question

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

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. State whether the following statement is true or false: an infans can be held criminally liable because criminal liability is based on fault.Show the full question

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

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. Using the facts about Andile (the 17-year-old minor who bought a Rolex watch worth R20 000 from Nadeem without her guardian's assistance, paid a R1 000 deposit, received the watch, then refused to pay further and was sued by Nadeem on 22 April 2019), determine whether Andile is liable to Nadeem and, if she is, identify the legal ground for her liability. Support your answer with reference to relevant case law.Show the full question

  30. Question 3(b)(ii) · Minors: capacity to act and contractual capacity · 2 marks

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. Still working from Andile's situation (the unassisted 17-year-old minor who bought the R20 000 Rolex from Nadeem for a R1 000 deposit), now assume that Andile lost the watch one week after taking possession of it. Explain, giving a reason, whether she would be liable to Nadeem in these circumstances.Show the full question

  31. Question 3(b)(iii) · Minors: capacity to act and contractual capacity · 5 marks

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. Continuing with Andile's facts, now assume that instead of losing the watch she did not lose it but sold it on 12 April to a friend for R10 000. Of this R10 000, she spent R500 on a new pair of jeans (since her only other pair was badly torn), spent R1 500 on a massage at a spa, and deposited the remaining R8 000 into her savings account. Explain whether Andile is liable to Nadeem and, if so, for what amount, dealing separately with each of the three amounts mentioned (the R500, the R1 500, and the R8 000).Show the full question

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

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. Now change the facts so that Andile did in fact have her guardian's consent when she entered into the contract with Nadeem to buy the R20 000 Rolex watch. On this basis, state whether Andile is liable to Nadeem and, if so, on what ground.Show the full question

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

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. Still assuming Andile had her guardian's consent to buy the Rolex from Nadeem, suppose that a week after the transaction Andile discovers that the watch is in fact a fake worth less than R100. She approaches you for legal advice. Explain what remedy is available to her in these circumstances and list the requirements that must be met for this remedy to succeed.Show the full question

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

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. Again assuming Andile had her guardian's consent, and that a week after the transaction she discovered the Rolex was a fake worth less than R100, now suppose that five years later, once she has turned 22, she decides she wants her money back from Nadeem. Explain, giving reasons, whether Andile has any remedy available to her at that stage.Show the full question

  35. Question 3(d) · Minors: capacity to act and contractual capacity · 4 marks

    Questions 3(b) and 3(c) both rely on the same core scenario: on 5 April 2019, Andile, a 17-year-old minor, concluded a contract of sale with Nadeem, a 30-year-old businessman, without obtaining her guardian's assistance to do so. Andile did not misrepresent her age to Nadeem. In terms of the contract, Andile agreed to buy a Rolex wristwatch from Nadeem for R20 000. She paid a deposit of R1 000, and Nadeem handed the watch to her. Andile then refused to make any further payments, arguing that as a minor she is not bound by the contract. On 22 April 2019 Nadeem sued her for payment. Bongile is a 12-year-old boy who is mentally incapacitated. One Saturday morning, while his parents are out shopping, he goes on his own to the local hospital because he has a rash on his back and wants treatment for it. Explain what the relevant legislation provides regarding consent to medical treatment in a case like this, and advise the treating doctor whether he may lawfully treat Bongile.Show the full question

  36. Question 4.1 · Capacity: prodigals, insolvents and mental illness · 3 marks

    This question deals with the legal status of minors, prodigals and insolvents. Provide a list of three different ways in which a person's minority status can come to an end.Show the full question

  37. Question 4.2 · Capacity: prodigals, insolvents and mental illness · 4 marks

    This question deals with the legal status of minors, prodigals and insolvents. Draw a comparison between the legal capacity of a prodigal who has been placed under interdiction and the legal capacity of a person who has been declared insolvent.Show the full question

  38. Question 4.3 · Capacity: prodigals, insolvents and mental illness · 3 marks

    This question deals with the legal status of minors, prodigals and insolvents. An insolvent person is permitted to conclude contracts only in certain limited circumstances. Where an insolvent concludes a contract in violation of these restrictions, that contract will nonetheless remain valid provided that certain requirements are satisfied. Set out these requirements.Show the full question

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