, PVL2601 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 - DUE August 2024 ; 100%
TRUSTED Complete, trusted solutions and
explanations. For assistance
Question 1 For the past ten years, Ben has known that he is
sterile. As Mary has repeatedly told Ben that she wants
children, Ben fears that Mary will not want marry him if he tells
her about his sterility. A year after the wedding, Ben tells Mary
that he is sterile. Mary tells Ben that she would never have
married him had she known that he was sterile. (a) Explain the
meaning term of “voidable civil marriage”. (2) (b) Name seven
grounds on which a voidable marriage can be set aside. (7) (c)
Can a court order set aside Ben and Mary’s marriage? (1) [10]
(a) Voidable Civil Marriage: A voidable civil marriage refers to a
marriage that is initially valid and legally binding, but can be
declared null and void at the request of one of the parties due
to specific legal grounds.
(b) Grounds for Voidable Marriage: In South African law, a
marriage can be set aside (declared voidable) on the following
grounds:
1. Non-age: One or both parties were under the age of
consent at the time of marriage.
2. Mental disorder: One party was mentally incapable of
understanding the nature and consequences of the
marriage.
Semester 2 2024 - DUE August 2024 ; 100%
TRUSTED Complete, trusted solutions and
explanations. For assistance
Question 1 For the past ten years, Ben has known that he is
sterile. As Mary has repeatedly told Ben that she wants
children, Ben fears that Mary will not want marry him if he tells
her about his sterility. A year after the wedding, Ben tells Mary
that he is sterile. Mary tells Ben that she would never have
married him had she known that he was sterile. (a) Explain the
meaning term of “voidable civil marriage”. (2) (b) Name seven
grounds on which a voidable marriage can be set aside. (7) (c)
Can a court order set aside Ben and Mary’s marriage? (1) [10]
(a) Voidable Civil Marriage: A voidable civil marriage refers to a
marriage that is initially valid and legally binding, but can be
declared null and void at the request of one of the parties due
to specific legal grounds.
(b) Grounds for Voidable Marriage: In South African law, a
marriage can be set aside (declared voidable) on the following
grounds:
1. Non-age: One or both parties were under the age of
consent at the time of marriage.
2. Mental disorder: One party was mentally incapable of
understanding the nature and consequences of the
marriage.
