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PVL1501 EXAM PACK
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,JUNE 2013SECTION A
1. 2
2. 2
3. 3
4. 4
5. 3
6. 2
7. 4
8. 3
9. 2
10. 2
11. 1
12. 4
13. 4
14. 4
15. 4
SECTION B
1. (a) 30 days
ii. Grace may apply to have Cynthia’s surname changed to the surname she bears. She
needs the written consent of Frank as well as the written consent of her new husband
Brian unless the court dispenses with consent.
(b) The nasciturus must have been conceived at the time that the benefit would have
occurred to him or her. The child must be alive.
© Chisholm v East Rand Proprietary Mines ltd.
(d) The continued pregnancy will pose a risk of injury to the woman’s physical or
mental health.
-If there is a substantial risk that the foetus will suffer from a severe physical or mental
abnormality.
-If pregnancy resulted from rape or incest.
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, - if pregnancy will significantly affect the woman’s social or economic circumstances
(e) The deceased estate may be administered and distributed, the surviving spouse or
civil union partner may enter into a new marriage or civil union
2. (a) i. Factum requirement- settle lawfully at the particular place
ii. Animus requirement have the intention of settling at the particular place.
2 (b) i. Romeo is a child born of married parents, section 13 of the Civil Union Act equates
civil unions and civil marriages
ii. No. Section 40 (i) of the children’s Act does not require consent of the other partner if
they enter into a valid civil union
2c) The duty of support passes to the child’s grandparents. From our common law a child
born of our unmarried parents must be supported by his or her maternal grandparents only
as held in Moton v Soosub. However in Petersen v Maintenance officer, the decision in
Motan v Joosub was rejected because the common law interpreted in that case violated the
rights to equality and dignity. Apart from that it also affected the best interest of the child
born out of married parents. In short both maternal and paternal grandparents have the
duty to support the extra- marital child.
d) the marriage indicate who the father is .
e) YM v LB,
SvL ,
Seetal v Pravitha
3a) An infant has no capacity to act and cannot conclude any juristic act where as a minor
has limited capacity to act
ii) An infant does not have the capacity to litigate and cannot be a party to a lawsuit even if
assisted by his or her guardian. The guardian must litigate on the infant’s behalf. On the
other hand a minor has limited capacity to litigate. The minors guardian may sue or be sued
in his or her own name assisted by the guardian.
3b) Condictio
ii) Rio vindication
3c) Restitution in integrum
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, ii) The minor concluded a contract assisted by his or her guardian. The contract was
prejudicial to the minor when it was made.
3d) David Smith will be able to claim R3000 was spent on necessaries that Freddy would
have had paid for with the money out of his own pocket
ii) R5000 this is the value of the bicycle at that time.
iii) Freddy would have contractual liability due to his misrepresentation as a major. David
Smith can successfully sue Freddy on the contract and can also use estoppel if Freddy raise
his minority as a defence
iv) No. David Smith would not have been misrepresented by Freddy’s false impression.
Therefore concluding a contract is such a situation would not make the minor contractual
liable.
3e) 14 years
ii) 16 years
iii) 12 years
4a) A mentally ill person has no capacity to act. He or she cannot enter into legal
transactions or litigate even with the assistance his or her curator. The curator must
conclude transactions and sue on behalf of the mentally ill person. Any transaction a
mentally ill person enters into is void and cannot be rectified. However, a juristic act a
mentally ill person performs during a lucid interval is valid and enforceable.
4b) A prodigal ids limited in terms of commercial dealings and handling finances such as
being a director of a company and a trustee of an insolvent estate. An insolvent is however
barred from certain offices such as director of a company, mutual bank or a trustee until he
is rehabilitated by an order of the High Court.
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