3 PVL 1501
MAY/JUNE 2019
SECTION A : MULTIPLE-CHOICE QUESTIONS
Unique number 479603
IMPORTANT: ANSWER THESE QUESTIONS ON THE MARK-READING SHEET
AND COpy THE ANSWERS TO THE EXAMINATION PAPER!
QUESTION 1
Which one of the followinq entities IS not recognised as a junstic person In our law?
[1] South Afncan Airways
[2] Makwela and Sons Partnership
[3] VBS Mutual Bank
[4J University of Namibia (2)
QUESTION 2
Choose the only correct statement below A presumption of death can be pronounced In terms
of the common law If
[1] more than seven years have passed Since the disappearance of the missing person
[2] the High Court has been approached by an officer of the local magistrate's court
[3] the applicant proves beyond reasonable doubt that the missing person IS dead
[4] the High Court In whose JUrisdictionthe missing person was domiciled ISapproached
(2)
QUESTION 3
Indicate which one of the followmq statements regarding presumption of death IS correct
[1] The court may appoint a curator boms to administer a rrussmq person's affairs Without
pronouncing a presumption of death
[2] Once the court has pronounced a presumption of death It means that there IS an
Irrebuttable presumption that the person ISdead
[3] If a common-law presumption of death IS expressed, the result IS that It automatically
dissolves the marriage of the survivmq spouse
[4] A statutory presumption of death can only be recorded If the judicral officer IScertain on
a preponderance of probabilities that the person ISdead (2)
[TURN OVER]
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MAY/JUNE 2019
QUESTION 4
Which one of the following attributes or factors is not an attribute or factor that determines
a person's status?
[1} prodigality
[2] domicile
[3] occupation
[4] Intoxication (2)
QUESTION 5
Legal capacity IS
[1] the capacity to perform valid junsnc acts
(2] the capacity to be held accountable for cnmes and dehcts
[31 the capacity to appear In court as a party to a laWSUIt
[4] the capacity to have rrghts and duties (2)
QUESTION 6
The following statements deal with dorrucile Indicate which one of the statements IS incorrect
[11 The place where a person permanently restdes always coincides with hrs or her domicile
[2) No one loses hrs or her domicile until he or she has acquired a new domicile
[3] A prisoner who was Imprisoned for life automatrcally acquires a domicile of choice In
prison
[41 Sex and mantal status no longer playa role In the acqursitron of a domicile of choice
(2)
QUESTION 7
Which one of the follOWing options cannot be used by a man to rebut the presumption of
paternity?
[1] Proof that he IS stenle
[2J EVidence that he used contracepttves
[3J DNA tests that Indicate that he IS not the child's father
[4] Proof that he did not have sex With the child's mother when the child could have been
conceived (2)
[TURN OVER]
, 5 PVL 1501
MAY/JUNE 2019
QUESTION 8
The following statements deal with children born of unmarned parents Indicate the only
correct option
[1] When an unmarned parent dies, his or her estate IS not responsible for the child's
maintenance
[2] A child who ISborn of unmarned parents can mhent Intestate from both parents
[3] An unmarned father must approach the High Court for an order to confer parental
responsibihnes and nghts on him
[4] A child born of unmarned parents may never be adopted by his or her biological father
(2)
QUESTION 9
Choose the only correct answer The biological father of a child who IS not or was never
marned to the mother of the child, automatically acquires full parental responsibilmes and nghts
In respect of the child If he complies With the requirements In section
[1] 19
[2J 20
[3] 21
[4] 22 (2)
Question 10
Indicate which one of the followmq contracts concluded by four-year-old Nomsa ISvalid
[1] On her behalf Nomsa's father buys her a new doll as well as clothes for the doll at the
toy shop
[2] With her guardian'S assistance Nomsa accepts a donation of R1000 from her uncle
[3] Without the assistance of her father or mother, Nomsa buys chocolates at the
supermarket
[4] With her father's assistance Nomsa buys a bicycle from her brother'S fnend, Ntokozo
(2)
rrURN OVER]
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QUESTION 11
Without his guardian's assistance Tommy, a 16-year-old boy, concludes a contract with
Leonard, a major In terms of the contract, Tommy sells his laptop to Leonard Tommy delivers
the laptop to Leonard, after which the contract IS repudiated What remedy IS available to
Tommy In order to reclaim his laptop?
(1] negotiorum gestio
[2] restuuuo In Integrum
[3] condtctio
[4] rei vmcuoetio (2)
QUESTION 12
John, a 17-year-old boy, wants to enter Into a CIvil unron From the options below, choose the
only correct answer
[1] In order for John to enter Into a valid cIvil Union, he needs the consent of hrs guardian
[2] In order for John to enter Into a valid cIvil union, he has to walt until he turns 18
[3] In order for John to enter mto a valid civil Union, the court has to authorise It
[4] In order for John to enter Into a valid cIvil urnon, he has to be emancipated (2)
QUESTION 13
Indicate the only correct statement Sarah IS 17 years old and has recently concluded a valid
CIvil marnage with Tom, who IS 21 years old Soon after the marnage Tom was killed m an
aeroplane crash The effect of Tom's death Willbe that
[1] Sarah's minority Will revive
[2] the marnage Will be void
[3] Sarah Will remain a major
[4] the marnage Will be voidable (2)
QUESTION 14
Indicate which one of the follOWingstatements regarding emancipation IS incorrect:
[1] Only the High Court wrtrun whose area of junsdrctron a minor resides may emancipate
the minor
[2] If a minor has no parents, the minor's legal guardian may emancipate the minor
[3] The onus of proving emancipation rests upon the person who alleges that It has taken
place
[4] Either parent may emancipate a child, provided that the parent has guardianship of the
child (2)
[TURN OVER]
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MAY/JUNE 2019
QUESTION 15
Which one of the following statements IS correct?
[1] An Insolvent has no capacity to act
[2] An alcoholic has no capacity to act
[3] A person who IS seriously III has no capacity to act
[4] A person who IS mentally III has no capacity to act (2)
TOTAL SECTION A [30]
[TURN OVER]
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Mel/Junle 2017
I
BELANGRIK: DIE AFRIKAANSE VRAESTEL BEGIN OP BLADSY 17
SECTION A : MULTIPLE-CHOICE QUESTIONS
Unique number 480517
IMPORTANT: ANSWER THESE QUESTIONS ON THE MARK-READING SHEET AND
COPY THE ANSWERS TO THE EXAMINATION PAPERI
QUESTION 1
Indicate which one of the following IS not recognised as a legal subject In our law?
[1] a child suffenng from Down's Syndrome
[2] a person who IS eighty years old
[3] a child who IS attending primary school
[4] a conceived, but unborn child (2)
QUESTION 2
A nssaturus can be defined as .
[1] a fiction that benefits third persons
[2] a child's claim for pre-natal InJunes
[3] a conceived but unborn child or fetus
[4] a fiction that creates legal subjectivity (2)
[TURN OVERIBLAAI OM]
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Mel/Junle 2017
QUESTION 3
Indicate which one of the following statements regarding presumption of death IS
correct:
[1] The court may appoint a curator boms to administer a missing person's affairs
without pronouncing a presumption of death.
[2] Once the court has pronounced a presumption of death It means that there IS
an Irrebuttable presumpbon that the person ISdead
[3] If a common-law presumption of death IS expressed, the result IS that It
automatically dissolves the marriage of the surviving spouse.
[4] A statutory presumption of death can only be recorded if the Judicial officer IS
certain on a preponderance of probabilities that the person IS dead. (2)
QUESTION 4
The follOWingstatements deal With the reporting of death Indicate which one of the
follOWingstatements IS incorrect:
[1] It ISnot necessary to give notice of a stillbirth.
[2] A death due to natural causes must be reported by a medical practitioner
[3] Only deaths due to natural causes have to be reported
[4] Every death must be reported to the Director-General of Home Affairs or the
Director-General's duly appointed representative. (2)
QUESTIONS
Legal capacity refers to ...
[1] the capacity to be held accountable for crimes and delicta
(2) the capacity to perfonn vahdJuristicacts
[3] the capacity to appear In court as a party to a lawsuit
[4] the capacity to have rights and duties (2)
[TURN OVERIBLAAI OM]
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Mel/Junle 2017
QUESTION 6
All the statements below deal with domicile Indicate which one of the followmg
statements regarding domicile IS incorrect?
{1) A person can relinquish his or her previous domicile before acquiring a new domicile
[2] No one can have a domicile In more than one place at the same time
[3] Everyone must have a domicile at all times
[4] The changing of a person's domicile IS never accepted without proof (2)
QUESTION 7
In which one of the following cases did the court find that a pnsoner who had been
irnpnsoned for lite automatically acqinred a dorrucrle of choice In prison?
[1] McMillan v McMillan
[2] Nefler v Nefler
[3] Baker v Baker
[4} Naville v Navllle (2)
QUESTION 8
The following statements all relate to the status of children born as a result of artificial
fertilisation Which one of the statements IS incorrect?
[1] A child born as a result of the artifiCial fertilisation of a Single woman (Ie a
woman who IS not a party to a CIVil marriage or CIVil uruon) IS regarded as a
child born of unmarned parents
[2] A child born as a result of the artificial fertilisation of a woman With the semen
of her husband IS only regarded as a child born of marned parents If the
woman's husband consented to the artmcral fertilisation
[3] A child born to same-sex hfe partners who fall outside the ambit of the CIVil
Union Act as a result of the artdicial fertilisation of one of them IS regarded as
a child born of unmarned parents.
[4] A child born as a result of the artmcial fertilisation of a spouse With sperm that
was donated by a third party IS regarded as a child born of married parents If
both spouses consented to the artmcrat fertilisation (2)
(TURN OVERIBLAAI OM]
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QUESTION 9
Which one of the following factors cannot be taken Into account when proof IS
sought that a particular man is not the father of a particular child?
[1J absence of sexualmtercourse
[2] stenhty
[3] DNA tests
f4] the fact that contraceptives were used (2)
QUESTION 10
Choose the only correct option to complete the followmg sentence: Section 28(2) of
the Constitution provides that
[1] a child must be given the opportunity to express his or her views freely In all
matters that affect them.
[2J a child has the nght to be protected from maltreatment, neglect, abuse and
degradation
[3] a child's best Interests are of paramount Importance In every matter
concerning the child.
[4] a child's legal practitioner may assist him or her In CIvil proceedings at state
expense (2)
QUESTION 11
Indicate which one of the following contracts concluded by four-year-old Nomsa IS
valid
[1] Without her guardian's assistance Nomsa accepts a donation of R100 from
her aunt
[2] Nomsa buys chocolates at the supermarket Without the assistance of her
father or mother
[3] With her father's assistance Nomsa buys a bicycle from her brother's friend,
Ntokozo
[4] On her behalf Nomsa's father buys her a new doll as well as clothes for the
doll at the toy shop (2)
[TURN OVER/BLAAI OM]
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Mel/Jume 2017
QUESTION 12
Jim, a 12-year-old boy, concluded a contract with Thandr, a major, without the
assistance of his guardian In terms of the contract, Jim sold his bicycle to Thandi
Jim now wants Thandi to return his bicycle to him Which remedy IS available to Jim
to claim the bicycle back from Thandi?
[1] condtctio
(2J reI vtndtceuo
[3] negotiorum gestIo
[4] exceptio non eaunpteu contractus (2)
QUESTION 13
Section 43 of the Basic Conditions of Employment Act 75 of 1997 protubits
employment of a minor under the age of
[1] 12 years
(2] 14 years
[3] 15 years
[4] 18 years (2)
QUESTION 14
Tim IS 16 years old He wants to get marned to Rosie Indicate whose consent Tim
needs In order to conclude a valid cIvil marnage with Rosie Choose the only correct
option.
[1] the presiding officer of the Children's Court
[2] the MInister of Home Affairs as well as Tim's guardian
[3] the Minister of Home Affairs only
[4] only Tim's parents or guardian (2)
[TURN OVER/BLAAI OM]
