Exam (elaborations)
PVL2601 Assignment 2 Semester 2 2024
- Course
- PVL2601 (PVL2601)
- Institution
- University Of South Africa
PVL2601 Assignment 2 Semester 2 2024
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PVL2601 Assignment 2Semester 2 2024
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, PVL2601 Assignment 2 Semester 2 2024
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) Explain the meaning of the term “voidable civil marriage”. (2)
A voidable civil marriage is a valid marriage that can be annulled by one of the parties
on certain grounds. Unlike a void marriage, which is considered invalid from the outset,
a voidable marriage is legally valid until it is annulled by a court order. The annulment
makes the marriage null and void as if it never existed.
(b) Name seven grounds on which a voidable marriage can be set aside. (7)
1. Non-consummation: If the marriage has not been consummated due to the
incapacity or willful refusal of one party.
2. Lack of consent: If one party did not give valid consent to the marriage due to
duress, mistake, or mental incapacity.
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