Judgments

Case Summaries for the Law of Persons and Family

0 purchase

Course
Law Of Persons And Family

Institution
University Of Cape Town (UCT)

Comprehensive summaries of all prescribed Law of Person's cases. Includes the facts, legal issue, reasoning and ratio of the cases, as well as the significance. Includes the legal ruling judgements of cases like Edelstein v Edelstein, Fouche v Battenhausen etc.

[Show more]

Preview 2 out of 11 pages

View example

Uploaded on May 23, 2022
Number of pages 11
Written in 2021/2022
Type Judgments
Unknown

law of persons
legal personality
legal capacity of minors
prescribes cases
law of persons study notes

Institution
University of Cape Town (UCT)
Course
Law Of Persons And Family

$5.60

Add to cart

Add to wishlist

100% satisfaction guarantee
Immediately available after payment
Both online and in PDF
No strings attached

Law of Persons: Case Summaries
Edelstein v Edelstein 1952 (3) SA 1 (A)
The Unassisted Minor:
Facts Issue Ratio / Conclusion Significance:
 A minor was married,  Was the marriage in  Roman Dutch authority:  Deals with the contractual
under South African community of property or an ante-nuptial contract liability of minors.
common law, to a Mr not? entered into by a minor  A contract entered into by
Edelstein.  Whether a contract without the assistance of the minor without the
 Mr Edelstein was later entered into by a minor his guardian is void. assistance of his guardian
deceased. without assistance is fully  Voet: “In all contracts is not binding on the
 Antenuptial contract binding? where mutual obligations minor. (Limping contract)
(whether they were  Is the unassisted minor are assumed, the  Major party cannot sue on
married in community of bound by their contract? guardian’s assistance is the contract with a minor.
property (the default in necessary, failing which  RULE:
SA) or not?) If she was bound – she would the contract limps. Other The unassisted minor cannot
 Mother assisted the only receive 50 pounds. party is bound but minor incur binding contractual
daughter in signing the is not” obligations.
antenuptial contract. If she was not bound by the  The unassisted minor is
 Father was her guardian. contract – she would receive not bound by the contract. Makes clear the precise notion
Her mother could not give 50 000 pounds. They can resile with of benefit is required when it is
adequate consent. impunity. alleged that a contract is
(Divorced)  Presumption that all binding on a minor.
 Father did not assist in the marriages in South Africa
execution of the contract. are in community of
 The age of majority at the property unless specified
time of the case was 21, to be otherwise.
Miss Edelstein was 20 (a  The unassisted minor
minor) cannot incur binding
contractual obligations.

, The Assisted Minor:
Baddeley v Clarke 1923 44 NPD 306

Facts: Issue: Ratio: Significance:
 Minor purchased  Whether or not informed  There is no clear and  Understanding informed
motorcycle for 38 pounds. consent was given to the satisfactory proof that the consent.
 Terms of the contract son by the father, and father was aware of the  Ratification requires
were burdensome and therefore whether the material terms and informed consent by the
entitled the seller to minor was assisted or not. conditions of the contract. guardian.
repossess the motorcycle  Whether a contract can be Not informed consent.  Contract is rendered
should the minor fail to repudiated due to limited Contract was not ratified invalid and can be
pay an instalment. knowledge on of the by the father. repudiated to the extent to
 Minor missed 3 rd
contract by a guardian?  Renders the contract which the minor
instalment, and the invalid. benefitted.
motorcycle was  Court reduced the minor’s  RULE:
repossessed. claim on the grounds that The guardian must know the
 Father sued for the return the he had already derived material terms of the contract
of money paid by his a benefit from his use of to give informed consent.
minor son under a the motorbike for three Informed consent is required to
contract entered into by months. bind the minor.
the son, without the
father’s assistance or
consent.
 Father knew the son was
in possession of the motor
bike, but didn’t know he
had bought it, thought he
was renting it. Did not
know the terms of the
contract

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller juliaschurr20. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $5.60. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

67479 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 15 years now

Start selling