Law of Persons:
EXAM TIPS FOR 2026: UNIT 1 TO 8
Being able to argue in law is not about being quick-witted
Introduction to the Study like TV lawyers.
Guide and Law of Persons
You must thoroughly understand legal principles and details,
Understanding Legal so you can use them accurately in discussions and
Argument problem-solving.
● Warning: Relying only on general principles without
knowing the details can lead to mistakes—details
give principles their real meaning
Exam Tip:
Focus on understanding both the broad principles and
the detailed rules—exam questions often test
application, not just definitions.
Purpose of the Study The guide is your roadmap through the module, not a
Guide replacement for your prescribed textbook.
It helps you:
● Know what to study,
● Understand how topics fit together, and
● Identify key issues and problem areas.
The guide is divided into three parts:
1. General info & introduction to the law of persons.
2. Beginning and end of legal personality.
3. Factors determining status.
Each part contains learning units, structured like university
lectures, gradually building your understanding.
Study tip:
Use the study guide to plan a weekly study
schedule—normally 2 learning units per week, leaving
time for assignments and revision.
Factors Affecting Status
and End of Legal
Personality
1. Presumption of Legal personality ends at death, but sometimes it’s uncertain
Death if a person is alive.
The law provides rules for presumption of death, which allow
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Do not distribute/resell without the consent of the owner!
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Module Master 2026
, the legal system to treat a missing person as deceased for
purposes like inheritance and contracts.
Exam tip:
Be familiar with the criteria for presuming death and the
legal consequences, as these questions often appear in
exams.
2. Status determines their legal competencies:
● Legal capacity – ability to have rights and duties
● Capacity to act – ability to perform legal acts
● Capacity to litigate – ability to go to court
● Liability – accountability for crimes or delicts
3. Domicile Domicile is the legal home where a person is considered to
exercise rights and fulfill obligations, even if they are
physically absent.
Exam tip:
Past papers often test the effect of domicile on status or
legal capacity.
4. Children Born to ● Birth to unmarried parents affects a child’s status and
Unmarried Parents rights.
● Special rules for children from artificial fertilisation.
Past paper example: ● Methods exist to change the status of a child born
out of wedlock to that of a child born to married
Question: “Discuss the parents.
legal position of a child
born out of wedlock Exam tip:
regarding parental Be able to explain differences between children born in
responsibilities and and out of wedlock, including rights and legal remedies.
rights.” (2020 exam)
Minority Minority is a key factor in legal status.
Topics include:
● Children’s rights
● Status of an infans vs a minor
● Capacity to contract – with or without assistance;
ratification
● Exceptions under statute
● Misrepresentation & unjustified enrichment
● Restitutio in integrum – restoring parties to their
original position
● Capacity to make a will, marry, consent to medical
treatment, hold office, litigate, or incur liability
6. Termination of Minority Minority ends through:
● Attainment of prescribed age
Past paper example: ● Marriage or civil union
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Do not distribute/resell without the consent of the owner!
Warning: This document has traceable identifiers to ensure violators are prosecuted.
Module Master 2026
, Question: “Explain how ● Venia aetatis (court permission to act as an adult)
minority may be ● Release from tutelage
terminated and the legal ● Emancipation
consequences thereof.”
(2018 exam) Exam tip: Remember different legal ways to terminate
minority—exam questions often ask for distinctions and
consequences.
7. Other Factors Affecting Factors that can influence legal status:
Status ● Mental illness
● Inability to manage affairs
● Alcohol or drug influence
● Prodigality (wasteful spending)
● Insolvency
Exam tip: These are often tested in scenario questions
where a person’s capacity or legal standing is affected.
Study Tip:
Use a mind map to link concepts: presumption of death
→ status → domicile → minority → termination of
minority → other factors.
Practice past exam scenarios using these concepts to
strengthen application skills.
Learning Unit 2: Law exists for people and entities, not in the abstract. At the
Introduction to the Law of centre of the legal system is the legal subject—the being
Persons that the law recognises as capable of having rights, duties,
and legal powers.
The Legal Subject A legal subject can own property, enter agreements, marry,
inherit, pay taxes, and be held responsible for unlawful
conduct. When the law recognises a being in this way, it
treats that being as a person in law.
Exam tip: Always link “legal subject” to rights + duties +
capacities. Missing one of these costs marks
Meaning of the Law of The law of persons is the branch of private law that explains:
Persons ● who qualifies as a legal subject,
● how legal personality starts and ends,
● what a person’s legal status consists of, and
● how different factors can change that status.
●
In essence, it answers the question: who are you in law, and
what are you legally able or unable to do?
Past exam question:
Define the law of persons and explain its function. (2019
exam)
Copyright Protected!
Do not distribute/resell without the consent of the owner!
Warning: This document has traceable identifiers to ensure violators are prosecuted.
Module Master 2026
EXAM TIPS FOR 2026: UNIT 1 TO 8
Being able to argue in law is not about being quick-witted
Introduction to the Study like TV lawyers.
Guide and Law of Persons
You must thoroughly understand legal principles and details,
Understanding Legal so you can use them accurately in discussions and
Argument problem-solving.
● Warning: Relying only on general principles without
knowing the details can lead to mistakes—details
give principles their real meaning
Exam Tip:
Focus on understanding both the broad principles and
the detailed rules—exam questions often test
application, not just definitions.
Purpose of the Study The guide is your roadmap through the module, not a
Guide replacement for your prescribed textbook.
It helps you:
● Know what to study,
● Understand how topics fit together, and
● Identify key issues and problem areas.
The guide is divided into three parts:
1. General info & introduction to the law of persons.
2. Beginning and end of legal personality.
3. Factors determining status.
Each part contains learning units, structured like university
lectures, gradually building your understanding.
Study tip:
Use the study guide to plan a weekly study
schedule—normally 2 learning units per week, leaving
time for assignments and revision.
Factors Affecting Status
and End of Legal
Personality
1. Presumption of Legal personality ends at death, but sometimes it’s uncertain
Death if a person is alive.
The law provides rules for presumption of death, which allow
Copyright Protected!
Do not distribute/resell without the consent of the owner!
Warning: This document has traceable identifiers to ensure violators are prosecuted.
Module Master 2026
, the legal system to treat a missing person as deceased for
purposes like inheritance and contracts.
Exam tip:
Be familiar with the criteria for presuming death and the
legal consequences, as these questions often appear in
exams.
2. Status determines their legal competencies:
● Legal capacity – ability to have rights and duties
● Capacity to act – ability to perform legal acts
● Capacity to litigate – ability to go to court
● Liability – accountability for crimes or delicts
3. Domicile Domicile is the legal home where a person is considered to
exercise rights and fulfill obligations, even if they are
physically absent.
Exam tip:
Past papers often test the effect of domicile on status or
legal capacity.
4. Children Born to ● Birth to unmarried parents affects a child’s status and
Unmarried Parents rights.
● Special rules for children from artificial fertilisation.
Past paper example: ● Methods exist to change the status of a child born
out of wedlock to that of a child born to married
Question: “Discuss the parents.
legal position of a child
born out of wedlock Exam tip:
regarding parental Be able to explain differences between children born in
responsibilities and and out of wedlock, including rights and legal remedies.
rights.” (2020 exam)
Minority Minority is a key factor in legal status.
Topics include:
● Children’s rights
● Status of an infans vs a minor
● Capacity to contract – with or without assistance;
ratification
● Exceptions under statute
● Misrepresentation & unjustified enrichment
● Restitutio in integrum – restoring parties to their
original position
● Capacity to make a will, marry, consent to medical
treatment, hold office, litigate, or incur liability
6. Termination of Minority Minority ends through:
● Attainment of prescribed age
Past paper example: ● Marriage or civil union
Copyright Protected!
Do not distribute/resell without the consent of the owner!
Warning: This document has traceable identifiers to ensure violators are prosecuted.
Module Master 2026
, Question: “Explain how ● Venia aetatis (court permission to act as an adult)
minority may be ● Release from tutelage
terminated and the legal ● Emancipation
consequences thereof.”
(2018 exam) Exam tip: Remember different legal ways to terminate
minority—exam questions often ask for distinctions and
consequences.
7. Other Factors Affecting Factors that can influence legal status:
Status ● Mental illness
● Inability to manage affairs
● Alcohol or drug influence
● Prodigality (wasteful spending)
● Insolvency
Exam tip: These are often tested in scenario questions
where a person’s capacity or legal standing is affected.
Study Tip:
Use a mind map to link concepts: presumption of death
→ status → domicile → minority → termination of
minority → other factors.
Practice past exam scenarios using these concepts to
strengthen application skills.
Learning Unit 2: Law exists for people and entities, not in the abstract. At the
Introduction to the Law of centre of the legal system is the legal subject—the being
Persons that the law recognises as capable of having rights, duties,
and legal powers.
The Legal Subject A legal subject can own property, enter agreements, marry,
inherit, pay taxes, and be held responsible for unlawful
conduct. When the law recognises a being in this way, it
treats that being as a person in law.
Exam tip: Always link “legal subject” to rights + duties +
capacities. Missing one of these costs marks
Meaning of the Law of The law of persons is the branch of private law that explains:
Persons ● who qualifies as a legal subject,
● how legal personality starts and ends,
● what a person’s legal status consists of, and
● how different factors can change that status.
●
In essence, it answers the question: who are you in law, and
what are you legally able or unable to do?
Past exam question:
Define the law of persons and explain its function. (2019
exam)
Copyright Protected!
Do not distribute/resell without the consent of the owner!
Warning: This document has traceable identifiers to ensure violators are prosecuted.
Module Master 2026
