Exam (elaborations)
PVL1501 MCQ EXAM PACK 2023
- Course
- PVL1501
- Institution
- University Of South Africa
PVL1501 MCQ EXAM PACK 2023
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By: tnyekenyeke • 3 months ago
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PVL1501MCQ
EXAM
PACK
2023
,PVL1501 - Examination Questions 3
1. OCT/NOV 2021
Section A: Multiple-Choice Question
Question 1
Indicate which one of the following is not recognised as a legal subject in our law
1) a severely deformed baby
2) a mentally incapacitated child
3) an infant
4) a conceived, but unborn child
Question 2
In Road Accident Fund v Mtati the Supreme Court of Appeal held that
1) a mother may not enter into a contract on behalf of her unborn child, because legal
personality only begins at birth
2) a child whose father was killed prior to his or her birth as a result of someone else's
delict has a dependant's action for damages for loss of support against that person
3) a mother cannot waive her unborn child's right to claim maintenance as it would be
against good morals
4) It is unnecessary to use the nasciturus fiction to grant a child an action in respect
of prenatal injuries
Question 3
Which one of the following statements regarding the registration of the birth of children in terms
of the Births and Deaths Registration Act 51 of 1992 is incorrect?
1) In the case of a child born of unmarried parents notice of the birth is given by the
police officer who found the child
2) No birth may be registered unless a first name and a surname have been assigned to
the child
3) The Director-General of Births and Deaths must be notified of the birth of every child
who was born alive
4) Notice of the birth of a child who was born alive must be given within 30 days of the
child's birth
Question 4
Indicate which one of the following statements is incorrect
1) The Domicile Act 3 of 1992 does not have retrospective effect
2) When determining whether a person meets the requirement regarding physical
presence, an objective test is used
3) The acquisition of domicile is determined on a balance of probabilities
4) A person can acquire a domicile of choice at a particular place if he or she has the
intention to settle there permanently
,PVL1501 - Examination Questions 4
Question 5
In Naville v Naville the court held that
1) a prisoner who has been imprisoned for life automatically acquires a domicile of choice
In prison
2) foreign military staff cannot acquire a domicile of choice in South Africa, however much
they wish to settle here permanently
3) a foreign diplomat can acquire a domicile of choice in South Africa while still in
the service of a foreign country
4) soldiers can acquire a domicile of choice at a place where they are not stationed
Question 6
In which one of the following scenarios is the child considered to be a child born of unmarried
parents?
1) After Mike and Lara had been ling together for 3 years, Lara gave birth to a baby girl,
Nicole, on 6 May 2018 Mike and Lara got marred on 23 August 2018
2) Justine and Shani entered into a valid civil union Shan was artificially inseminated
with donor sperm and as a result of the artificial insemination gave birth to a baby
girl, Maggie Justine did not consent to the artificial insemination of Shan
3) Kate was artificially inseminated with the semen of her civil union partner, Gerry As a
result of the artificial insemination Kate gave birth to a baby girl, Amelie Gerry did not
consent to his semen being used for the artificial insemination
4) After they had been living together for 5 years, Thandi and Jason entered into a
customary marriage in 2018 Thandi gave birth to a baby girl, Thabiso, on 6 May 2019
Question 7
In which one of the following cases did the Supreme Court of Appeal decide that the High Court
as upper guardian of minors has an inherent power to order blood tests in paternity disputes if
the order is in the child's best interests?
1) YM v LB
2) S v L
3) O v O
4) Nell V Nell
Question 8
Ben and Zoe are marred Zoe gives birth to a boy, Alex Ben is certain that Alex is not his child
Which one of the following can he use to validly prove that Alex is not his child?
1) Ben can prove that he used contraceptives when Alex could have been conceived
2) Ben can prove that Zoe also had intercourse with Steve when Alex could have been
conceived
3) Ben can allege that Alex does not resemble him but looks a lot like Steve
4) Ben can prove that he did not have intercourse with Anna when Alex could have
been conceived
, PVL1501 - Examination Questions 5
Question 9
The statements below deal with the capacity to act of an infans Choose the only incorrect option
1) An infans may conclude a juristic act with the assistance of his or her guardian
2) The guardian of an infans must accept a donation on behalf of him or her
3) A guardian may conclude an insurance contract on the life of an infans
4) An infans may be liable on the ground of unjustified enrichment
Question 10
Indicate which one of the following statements regarding a minor's capacity to contract is
incorrect
1) When a minor wants to alienate immovable property, he or she needs the consent of all
his or her guardians
2) A minor's guardian may give express or tact consent for a single or several contracts that
a minor wants to conclude
3) A guardian may not ratify any contract after it has been concluded by a minor
4) A guardian s not allowed to enter into contracts of a closely personal nature on behalf of
a minor
Question 11
Indicate which one of the following contracts is not enforceable against a minor
1) Thabo is 16 years old Without assistance he opens an account at a mutual bank
2) Vusi, who is 15 years old, purchases a bicycle from a local dealer without any
assistance
3) Michael is 17 years old His uncle gives him a scooter as a gift He accepts this gift
without assistance
4) Bongani, who is 16 years old, drafts a will in which he deposes of his property without
his parents' assistance
Question 12
Sipho, a 15-year-old minor, concludes a contract of sale with Mr Molefe, an adult, without any
assistance In terms of the contract, Mr Molefe sells a laptop to Sipho for R9 000 The actual
value of the laptop at the time of concluding the contract is R8 000 On 18 March Sipho sells the
laptop to a friend for R6 000 He spends the money as follows R500 at the moves with friends,
R2 000 on rent and R2 000 on new clothes When Mr Molefe institutes action on 13 April Sipho
still has R1 500 in his possession Indicate which amount Mr Molefe will be able to claim from
Sipho on the ground of unjustified enrichment
1) R6 000
2) R8 000
3) R2 000
4) R5 500
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