Authorities and Cases LPF
**I do not take credit for any knowledge expressed in this document, only the summary of notes and easy access to key points that I found important.
Bibliography at the end**
Assistance
definition Guardian contracts on minor’s behalf (Wood v Davies).
minor purchases item but guardian unaware that the item was bought and thought it
was borrowed, apply Baddeley v Clark.
- The court held that the minor was NOT assisted because the father did not
approve the contract of sale. Thus, the minor is not bound
An assisted minor is contractually bound (Edelstein)
Minors can usually improve their legal position (by acquiring rights or terminating
obligations) without assistance (Voet)
the law is not particular about which guardian gives consent — if a minor has two
guardians, usually either one of them will do (Voet)
guardian’s consent may be express (for example, written and signed) (Voet)
the guardian does not ‘consent’ if he says nothing (Voet)
guardian will be deemed to have consented to the minor’s contract if he or she knows
about it and does not object to it (Dreyer v Sonop Bpk)
law always requires the guardian’s ‘informed consent”, the guardian must understand
what he or she is consenting to (Voet)
guardian will not be deemed to have given informed consent if he doesn’t know
details of unusual terms (Baddeley v Clarke)
guardian cannot enter into a contract on behalf of the minor if it will come into force
only after the minor becomes a major (Du Toit v Lotriet)
Capacity
capacity to litigate: locus standi in judicio
Child Justice Act s 7(1): children under 10 do not have criminal capacity and cannot
be held criminally liable.
Child Justice Act s 7(1): 10 - 14: rebuttable presumption they are incapable of
forming intention/negligence.
Children over the age of puberty (12 for girls and 14 for boys) have the capacity to
conclude marriages (civil marriages in terms of the Marriage Act or customary
marriages)
Children under the age of 18 may not conclude civil unions in terms of the Civil
Union Act (Act 17 of 2006)
**I do not take credit for any knowledge expressed in this document, only the summary of notes and easy access to key points that I found important.
Bibliography at the end**
Assistance
definition Guardian contracts on minor’s behalf (Wood v Davies).
minor purchases item but guardian unaware that the item was bought and thought it
was borrowed, apply Baddeley v Clark.
- The court held that the minor was NOT assisted because the father did not
approve the contract of sale. Thus, the minor is not bound
An assisted minor is contractually bound (Edelstein)
Minors can usually improve their legal position (by acquiring rights or terminating
obligations) without assistance (Voet)
the law is not particular about which guardian gives consent — if a minor has two
guardians, usually either one of them will do (Voet)
guardian’s consent may be express (for example, written and signed) (Voet)
the guardian does not ‘consent’ if he says nothing (Voet)
guardian will be deemed to have consented to the minor’s contract if he or she knows
about it and does not object to it (Dreyer v Sonop Bpk)
law always requires the guardian’s ‘informed consent”, the guardian must understand
what he or she is consenting to (Voet)
guardian will not be deemed to have given informed consent if he doesn’t know
details of unusual terms (Baddeley v Clarke)
guardian cannot enter into a contract on behalf of the minor if it will come into force
only after the minor becomes a major (Du Toit v Lotriet)
Capacity
capacity to litigate: locus standi in judicio
Child Justice Act s 7(1): children under 10 do not have criminal capacity and cannot
be held criminally liable.
Child Justice Act s 7(1): 10 - 14: rebuttable presumption they are incapable of
forming intention/negligence.
Children over the age of puberty (12 for girls and 14 for boys) have the capacity to
conclude marriages (civil marriages in terms of the Marriage Act or customary
marriages)
Children under the age of 18 may not conclude civil unions in terms of the Civil
Union Act (Act 17 of 2006)
