Boni mores - Study guides, Study notes & Summaries

May/June 2015 Qn 1 The municipality of eThekwini is busy with excavations in the business center. The Municipal workers do not erect any barrier or warning signs in the vicinity of the excavations. Mrs. Ndlovu, who is near-sighted, falls into the excavations and sustains serious injuries. She wishes to institute a delictual action against the municipality. Was the conduct of the municipality wrongful? Discuss in detail. [15] The issue is whether the act of the municipality workers cons...

1. Which one of the following is NOT a requirement for a civil marriage? [1] The marriage between the parties must be lawful. [2] There must be agreement between the parties to enter into a civil marriage with each other. [3] The parties must both have attained the age of majority. [4] The prescribed formalities must be complied with. 2. Which one of the following is NOT a requirement for the duty of support between spouses in a civil marriage? [1] A valid civil marriage must exist betwe...

Past Exam Question & Memo 1 Which one of the following is NOT a requirement for a civil marriage? [1] The marriage between the parties must be lawful. [2] There must be agreement between the parties to enter into a civil marriage with each other. [3] The parties must both have attained the age of majority. [4] The prescribed formalities must be complied with. (1) 1 [3] (1) (See Heaton J South African Family Law [the prescribed textbook] pp 15-18, 25-3, 3234 and the study guide p 3....

PVL2602 EXAM PACK. Distinguish between and estate and the residue of an estate. (4) Estate = A testator's estate consists of the assets and liabilities. Residue of an estate = Refers to that part of the deceased's estate which remains after the payment of funeral expenses, administration costs, tax, the testator's debts and the legacies. 3.1 If testator signed with a thumb print – in other words, he made a mark. When a testator signs with a mark the requirements of s 2(1)(a)(v) must ...

2020-06-ASS Question 1 1. Which one of the following conditions may amount to automatism? 1. Provocation. 2. Self-defence. 3. Black-out. 4. Necessity. Question 4 Musa is away on holiday. Frank, his neighbour, is keeping a watchful eye on his house for him and undertook to take care of Musa’s cat. Frank notices that the house is on fire and realises that Musa’s cat is trapped in the burning house. Frank breaks down the front door of Musa’s house in order to save the cat. If Mu...

LAW OF DELICT 1. Define a delict The act of a person which in a wrongful and culpable way causes loss/damage 2. List the 5 elements of a delict - Act - Wrongfulness - Fault - Causation - Damage 3. Name the most important delictual remedies available, and briefly indicate what are the differences between them I. Actio legis Aquiliae: Claim damages for wrongful and culpable causing of patrimonial damage II. III. Actio iniuriarum: Claim satisfaction for wrongful and intentional injury ...

QUESTION 1 Indicate whether the following statements are true or false: (a) An engagement, concluded subject to a condition which is in conflict with the very nature of the marriage, is void. (b) On breach of promise the innocent party will be entitled to claim specific performance from the guilty party. (c) On breach of promise one of the parties will always have a claim for satisfaction for personality infringement. (d) The traditional definition of marriage is no longer appropriate fo...

PVL3703 Assignment 1 Super Semester 2021 Question 1 Thumi is an epilepsy sufferer. He neglects to take his prescription medicine and decides to drive to the local mall to do some shopping. On his way, he suffers an epileptic seizure. He loses control of his car and smashes into a corner shop, causing considerable damage to the building and merchandise. The shop owner institutes a delictual action against Thumi. Which one of the following statements is correct? 1. Thumi cannot rely on automa...

PVL3703 Assignment 1 Super Semester 2021 Question 1 Thumi is an epilepsy sufferer. He neglects to take his prescription medicine and decides to drive to the local mall to do some shopping. On his way, he suffers an epileptic seizure. He loses control of his car and smashes into a corner shop, causing considerable damage to the building and merchandise. The shop owner institutes a delictual action against Thumi. Which one of the following statements is correct? 1. Thumi cannot rely on automa...

Part I Introduction to the law of delict This chapter serves as a general introduction to the law of delict. Topics dealt with are the nature of a delict and its place in the legal system; the distinction between this phenomenon and breach of contract and crime; the historical development of delictual liability; and the influence of the constitutional Bill of Rights on the law of delict. Chapter 1 General introduction 1 Delict: general nature and place in the legal system The...