PVL1501 EXAMPACK - SEMESTER 1 - 2023 - UNISA
(LATEST) - ALL-IN-ONE - INCLUDES :- ASSIGNMENT
MEMOS, NOTES, SUMMARIES, PAST QUESTIONS AND
ANSWERS.
Capacity to litigate: - ✔✔ANSWER✔✔-The capacity to appear in court as a party to a
suit.
Contract: - ✔✔ANSWER✔✔-An agreement entered into with the intention of creating an obligation or
obligations.
Curator: - ✔✔ANSWER✔✔-A person who manages another person's affairs on behalf of the latter
because he or she is not capable of doing so. A curator ventris acts, in general, on behalf of an unborn
child,
A curator ad litem acts on behalf of another only for the purposes of litigation and a curator bonis
administers another's property.
Damages: - ✔✔ANSWER✔✔-The amount which a person can claim as compensation for actual
patrimonial loss he or she has suffered as a consequence of delict or breach of contract. See also
''reparation'' infra.
General concepts - ✔✔ANSWER✔✔-nie n vraag
Agreement: - ✔✔ANSWER✔✔-Conscious meeting of minds (consensus ad idem) between two or more
persons. An agreement creating obligations is known as a contract.
Capacity to act: - ✔✔ANSWER✔✔-The capacity to perform valid juristic acts.
Capacity to litigate: The capacity to appear in court as a party to a
suit.
, Delict: - ✔✔ANSWER✔✔-A delict is a wrongful and intentional or negligent act as a consequence of
which another suffers a loss.
''Wrongful'' is a term with speci c connotations that will be dealt with in the module on the law of delict.
In short, this term signi es the infringement of a right (subjektiewe reg) or the non-ful lment of a legal
duty.
Enrichment: - ✔✔ANSWER✔✔-Unjusti ed enrichment occurs when one person obtains a patrimonial
bene t at the expense of another without a valid legal ground existing for the transfer of the benefit.
Estoppel: - ✔✔ANSWER✔✔-The doctrine that provides that if someone culpably represents that a
certain state of affairs exists, and another person acts to his or her own disadvantage in consequence of
such a representation, the deceiver is precluded from raising the true facts.
Exceptio non adimpleti contractus: - ✔✔ANSWER✔✔-A defence which a party to a reciprocal contract
may, under certain circumstances, employ against the other party when the latter sues the former on
the contract and the latter himself or herself has not performed or tendered performance.
Juristic act: - ✔✔ANSWER✔✔-A human act to which the law attaches at least some of the consequences
desired by the party or parties performing the act.
The distinction between a void and a voidable juristic act is important. A void juristic act is void ab initio
and devoid of all legal consequences. The position is simply as if the juristic act had never taken place. A
voidable juristic act, on the other hand, is valid and has all the usual legal consequences until it is nulli ed
or set aside (e.g. by a party to the contract or a third party). It differs from a valid juristic act in that it has
some or other defect that might lead to its nulli cation, but does not render the juristic act void from the
outset.
Law of succession: - ✔✔ANSWER✔✔-The law of intestate succession determines how and on whom a
person's estate devolves when he or she dies without a valid will. The law of testate succession
determines how and on whom a person's estate devolves when the testator has left a valid will.
Legal capacity: - ✔✔ANSWER✔✔-The capacity to have rights and duties.
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