Exam (elaborations)
PVL1501 PRESCRIBED CASES QUESTIONS AND MEMOS 2024
- Course
- PVL1501 (PVL1501)
- Institution
- University Of South Africa (Unisa)
PVL1501 PRESCRIBED CASES QUESTIONS AND MEMOS 2024
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By: marciamudau99 • 5 months ago
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PVL1501- REVISION QUESTIONSPrescribed Cases
1. In Baker v Baker it was decided that…
a. A foreign diplomat can acquire a domicile of choice in South Africa while in the
service of a foreign country.
b. Soldiers can acquire a domicile of choice at a place where they are not stationed.
c. A prisoner who has been imprisoned for life automatically acquires a domicile of
choice in prison.
d. Foreign military staff cannot acquire a domicile of choice in South Africa as their
residence in this country is not voluntary.
2. In which case did the court hold that a child whose father was killed prior to his or her
birth as a result of someone else’s delict has a dependents’ action for damages for less
of support against the person who committed the delict?
a. Pinchin v Santam Insurance Co Ltd
b. Chisholm v East Rand Proprietary Mines Ltd
c. Road Accident Fund v Mtati
d. Shields v Shields
3. In which one of the following cases did the Supreme Court of Appeal as the UPPER
GUARDIAN of all minors confirm that it may order scientific tests to be performed on a
blood or other sample of a child if it is in the child’s best interests?
a. E v E
b. Ranjith v Sheela
c. YM v LB
d. O v O
4. In which case did the court hold that a person is mentally ill if he or she understands the
nature and consequences of his or her juristic acts but is motivated by delusions caused
by mental illness?
a. Pheasant v Warne
b. Pienaar v Pienaar's Curator
c. Lange v Lange
d. Landmann v Mienie
, PVL1501- REVISION QUESTIONS
5. In which one of the following cases did the court decide that an antenuptial contract
concluded by a minor without his or her guardian's assistance is void and cannot be
ratified by the guardian after the marriage has taken place?
a. S v De Blom
b. Edelstein v Edelstein
c. Nell v Divine, Hall & Co
d. Louw v MJ & H Trust (Pty) Ltd
6. In which case did the court hold that the mere fact that a person has been declared
mentally ill and that a curator has been appointed to administer his or her estate does
not mean that he or she loses all capacity to act?
a. Pheasant v Warne
b. Van Metzinger v Badenhorst
c. Lange v Lange
d. Pienaar v Pienaar’s Curator
7. In which one of the following cases did the court decide that in the case of a child born
of unmarried parents the paternal grandparents have a legal duty to support the child?
a. Motan v Joosub
b. F v L
c. Ex Parte Emmerson
d. Petersen v Maintenance Officer
8. In Shields v Shields the court held that…
a. A mother cannot waive her unborn child’s right to claim maintenance and that
such an arrangement would be contra bonos mores.
b. A mother may not enter into a contract on behalf of her unborn child, because
legal personality only begins at birth and an agent may not enter into a contract
on behalf of a non-existent principal.
c. A child whose father was killed in a motor vehicle accident due to the negligence
of another driver before he or she was born, has a claim for loss of support
against the person who committed the delict.
d. All claims for prenatal injuries have to be based on the ordinary principles of the
law of delict and not on the nasciturus fiction.
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