100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Summary pvl1501 summaries of all cases R60,00   Add to cart

Summary

Summary pvl1501 summaries of all cases

 2 views  0 purchase

pvl1501 summaries of all cases

Preview 3 out of 20  pages

  • No
  • Pvl1501 summaries of all cases
  • April 24, 2021
  • 20
  • 2020/2021
  • Summary
book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:
All documents for this subject (102)
avatar-seller
Lazie10
lOMoARcPSD|4339232




Pvl1501-case summaries 2011


Law of Persons (University of South Africa)

, lOMoARcPSD|4339232




PVL1501 – Case summaries: 2014
Ex Parte Boedel Steenkamp 1962 (3) SA 954 (O)
The facts of the case are as follows:
The testator left the residue of his estate to his daughter and to the first generation “wat by datum
van dood in die lewe is”. The testator’s daughter was pregnant at the time of his (the testator’s)
death and subsequently gave birth to Paul Johannes.

The executor to the estate sought a declaratory order on the issue of whether only the children born
at the time of the testator’s death would inherit or if Paul Johannes, born after the death of
the testator, would also be able to inherit.

Curator ad litem for Gerda and Daniel Johannes (the two children already born) held that the
words “wat by datum van dood in die lewe is” is sufficient enough and without ambiguity to
exclude the unborn child from the estate.

Curator ad litem for Paul Johannes was of the opposite opinion stating that there is no evidence
that the testator wished to exclude the unborn child from his will.
The legal questions are:
1. Does the nasciturus have the legal capacity to inherit?
2. Is Paul Johannes (in ventre matris) entitled to a share of the estate?

Judge De Villiers R held that the nasciturus should be able to inherit by means of the
nasciturus fiction subject to being born alive and it being to the advantage of the nasciturus.
He further held that Paul Johannes is entitled to share in the estate of the testator in equal
amounts to his mother, brother and sister.

Judge De Villiers R referred to the decision of House of Lords in Elliot v Lord Joicey where the court
held that if the testator’s intentions are not clear, when words as “in lewe” or “gebore” are
used in conjunction with a specific time line and there is no other specific statement specifically
excluding the child in ventre matris it should be presumed that the testator had no intention of
excluding the child in ventre matris form his/her will.

, lOMoARcPSD|4339232




Road Accident Fund v Mtati 2005 (6) SA 215 (SCA)


The facts of the case are as follows:

A pregnant woman was seriously injured when a motor vehicle collided with her. The accident
was caused by negligence of the driver in question. The pregnant woman’s child (Z) was
subsequently born with brain injuries and mental disability. The father instituted a claim on
behalf of the child against the Road Accident fund.

The Road Accident Fund raised a special plea. It contended that firstly and unborn child is not a
person (legal subject) and is therefore not entitled to compensation and secondly, because an
unborn child is not a person (legal subject) the driver does not owe a duty of care to the unborn
child.
The legal question consisted of two parts, namely:

1. Does Z have a claim against the Road Accident Fund for the damages resulting from the
disabilities?
2. Should such an action be allowed by using the nasciturus fiction, or by using the
ordinary principles of delict?

The supreme court of appeal decided that it would be intolerable if our law did not grant an
action for prenatal injuries and that such an action should be based on the law of delict. The
appeal was thus unsuccessful.
The reasoning for the judgment was as follows:

The court held that, according to the ordinary principles of the law of delict, unlawfulness and
damage are separate elements for delictual liability and that the child’s delictual right of action
becomes complete when he/she is born alive. The assertion that the driver of the vehicle did not
owe Z a legal duty because she had not yet been born must be rejected.

As a result of this judgment, all future claims for prenatal injuries will have to be based on the
ordinary principles of the law of delict and not on the nasciturus fiction. The nasciturus fiction
will still apply to other areas of the law.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

Quick and easy check-out

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

Focus on what matters

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 this summary from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller Lazie10. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R60,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

80467 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling
R60,00
  • (0)
  Buy now