PVL1501_ Examination Questions .

PVL1501_ Examination Questions . Law Of Persons. Mrs Naidoo is a client of ABC Bank She invested some money with the bank on the advice of Mrs Kheti, a functionary of the bank However, she Is unhappy about the interest she earned on the investment Mrs Naidoo now wants to take the matter to court She is not sure whether she should sue the bank or Mrs Kheti Please advise her in this regard and provide a reason for your answer (2) Mrs Naidoo can sue ABC Bank, as Mrs Kheti acted in her capacity as a functionary of the ABC bank. The reason as to why Mrs Naidoo can institute legal action against the ABC Bank, because the bank is a legal subject that enjoys legal existence independent from that of its members or natural persons. Although ABC Bank as a juristic person must always act through its functionaries (Mrs Kheti), it is the Bank that acquires rights, duties and capacities and not the functionaries themselves in their personal capacities (b) In terms of the nasciturus fiction, a situation may anise where a nasciturus would have had certain clams or rights had he or she already been born In such a case, the legal position Is kept in abeyance until the nasciturus is born alive Briefly explain what will happen to these claims or rights if the nasciturus dies during birth Provide a reason for your answer (2) There is a condition that the application of the nasciturus fiction must be to the advantage of the nasciturus. If the nasciturus dies during birth the nasciturus fiction will not be applied (not come into operation) as the only persons who will benefit from the application of the fiction are third persons, such as the child’s intestate heirs and not the child himself or herself. (c) In terms of the Choice on Termination of Pregnancy Act 92 of 1996, a pregnancy may under certain circumstances be terminated after the 20" week of the gestation period Name these circumstances (3) From the 13th week up to and including the 20th week of the gestation period if a medical practitioner, after consultation with the pregnant woman is of the opinion that:  The continued pregnancy of the pregnancy would pose a risk of injury to the woman’s physical or mental health  There is a substantial risk that the foetus would suffer from severe physical or mental abnormality  The pregnancy resulted from rape or incest  The continued pregnancy would significantly affect the woman’s social or economic circumstances. PVL1501 - Examination Questions Page 8 of 169 (d) Write down the presumption of death procedure that will be instituted in each of the following cases (i) Skhuhle Banda was shot and killed during an armed robbery at her home (1) Statutory presumption of death (ii) Michael Sibanyone went fishing off the coast at Lambert's Bay The boat capsized, and Michael was never seen again (1) Common law presumption of death (e) Refilwe's husband, Ntokozo, has been missing for 10 years Last year the court granted an order presuming him to be dead Answer the following questions (i) Refilwe wants to know if Ntokozo's estate may be divided among his heirs She also wants to know what will happen regarding hrs estate f he is not dead and returns at a later stage (2) Ntokozo's estate may be administered and may be divided among his heirs. If Ntokozo returns, he (or any interested party), may approach the High Court for an order that his estate may not be further divided. Anyone who has received benefits must return either the benefits or their value. (ii) Refilwe wants to know if she will be able to remarry now that the presumption of death order has been granted Explain to her whether her marriage has been terminated and provide reasons as well as authority for your answer A common law presumption of death does not automatically dissolve Ntokozo and Refilwe's marriage. Refilwe must make a separate application for an order dissolving her marriage. The court that pronounces a presumption of death is empowered to make an order dissolving a person's marriage at the same time that the presumption is made or any time thereafter. The court may not grant the order on its own initiative. The court is not bound to grant the application. It has a discretion in this matter, but it is improbable that a court would be prepared to issue a presumption of death but refuse to dissolve the missing person's marriage. The result of the order is that the marriage is deemed to have been dissolved by death for all purpose. Authority: Sec 1 of the Dissolution of Marriages on presumption of Death Act 23 of 1979 ( you do not have to mention the number and the year of the Act) PVL1501 - Examination Questions Page 9 of 169 Question 2 [units 8 to 11] (a) Column A of the table below contains a list of definitions dealing with a person's standing In the law Select the relevant concept from the list below and write it down in column B next to the appropriate definition, so that column A matches column B Legal capacity Capacity to litigate Status Capacity to act Column A Column B A person's standing in the law Status The capacity to have rights and duties Legal capacity The capacity to perform valid juristic acts Capacity to act The capacity to appear in court as a part of a lawsuit Capacity to litigate (b) Cheri is 19 years old and mentally incapacitated She was born in Bloemfontein A curator was appointed for her when she turned 18 Chen's curator is domiciled in Pretoria, where Cher's parents live However, Cheri currently lives with her sister in Stellenbosch With reference to authority and reasons, indicate where Cher is domiciled (4) Section 2(1) of the Domicile Act provides that anyone who does not have the capacity or the mental capacity to make a rational choice to acquire a domicile of choice, is domiciled at the place with which he or she is most closely connected. The law assigns a domicile to them for as long as their mental incapacity lasts, which is called an assigned domicile, a domicile by operation of the law, or the domicile of closest connection. Since Cheri is living with her sister in Stellenbosch, she is domiciled in Stellenbosch (c) In terms of section 21(1) of the Children's Act 38 of 2005, an unmarried biological father acquires full parental responsibilities and rights of his child in certain circumstances discuss those circumstances (5) The Children's Act which replaced the common-law that denied unmarried fathers’ inherent parental authority with rules which, inter alia, automatically confer parental responsibilities and rights on certain unmarried fathers. In terms of section 21(1)(a) of the Children's Act Kgomotso indeed has full parental responsibilities and rights in respect of Kabelo because he lived with Rose, Kabelo’s mother in a permanent life partnership when Kabelo was born. In terms of section 21(1) (b), he can acquire full parental responsibilities and rights regardless of whether he ever lived with the mother, provided that he: PVL1501 - Examination Questions Page 10 of 169 i. consents or successfully applies to be identified as the child's father or pays damages in terms of customary law ii. contributes or has attempted in good faith to contribute to the child's upbringing for a reasonable period iii. contributes or has attempted in good faith to contribute towards expenses relating to the child's maintenance for a reasonable period. (d) Bonolo Ndou is the daughter of Mr Moreki and Miss Ndou, who are not and never have been marred to each other Mr Moreki was married to Mrs Moreki Three children were born of Mr and Mrs Moreki's marriage Mr Moreki died intestate a month ago Bonolo wants to know if she can inherit from her father's estate Advise her with reference to authority (3) In terms of section 1 (2) of the Intestate Succession Act 81 of 1987, the fact that a child was born of unmarried parents does not affect the capacity of one blood relation to inherit the intestate estate of another. Children who are born of unmarried parents can inherit intestate from both parents (and more distant blood relations) and that both parents (and more distant blood relations) can inherit intestate from the children. Question 3 [units 12 to 19] (a) Fill in the missing words Section 28(2) of the Constitution of the Republic of South Africa, 1996 provides that a child's best interests (two words) are of paramount importance two words) in every matter concerning the child (4) (b) Normally a guardian does not incur personal ability in terms of a minor's contract, regardless of whether the guardian assists the minor or acts on behalf of the minor There are, however, four instances where a guardian may be held liable in respect of a contract concluded by a minor Name these four instances (4) A minor’s guardian will incur personal liability for contracts concluded by the minor in the following circumstances: (i) the minor acted as his or her agent (ii) the guardian guaranteed the minor’s performance (iii) the guardian bound himself or herself as surety for the minor’s performance (iv) a guardian may incur liability on the basis of negotiorum gestio (c) Can an ante nuptial contract a minor concluded without the necessary consent be ratified by the minor's guardian after the marriage has taken place? Discuss with reference to case law (4) PVL1501 - Examination Questions Page 11 of 169 There are some contracts the guardian cannot conclude on the minor's behalf although the guardian may consent to the minor's entering into such contracts. Example an agreement of a closely personal nature (such as an antenuptial contract), and a contract that will come into operation only after the minor has attained majority. In Edelstein v Edelstein it was held that an antenuptial contract that was concluded without the necessary consent cannot be ratified by the minor or the minor's guardian once the marriage has taken place, because ratification would amount to an impermissible change of the matrimonial property system (d) Nomsa is 16 years old and lives with her parents in Mbombela where she also attends school A few weeks ago Nomsa bought a car for R50 000 from Mr Sbanyone Nomsa pretended to be 19 years old and showed a fake identity document to Mr Sbanyone to prove that she is indeed a mayor Nomsa pad a deposit of R10 000 and agreed to pay Mr Sibanyone R2 000 per month until the full purchase price was paid However, after three months she realised that she could not afford the monthly instalments Answer the following questions (i) What is the purpose of resttutio in integrum? (1) Restitutio in integrum is an extraordinary legal remedy whereby a minor can escape liability if he or she contracted with the assistance of his or her guardian (or the guardian contracted on his or her behalf) and the contract was prejudicial to the minor at the moment it was made. This remedy restores the parties to a contract to their previous positions before the agreement. (ii) Would Nomsa be able to use resttuto in integrum as a remedy in thus scenario? Answer "yes" or "no" and give a reason for your answer (2) No, Nomsa did not have consent to enter into such a contract, A general rule, a minor cannot incur contractual liability if he or she did not have his or her guardian’s assistance in concluding the contract. Since this contract is not valid and not binding Restitutio in integrum cannot be a remedy. The remedy available to the minor is rei vindicatio and money by a condictio (iii) What remedy would Mr Sbanyone be able to use to hold Nomsa liable for the outstanding instalments in terms of the contract? Also name the requirements that must be met by Mr Sbanyone in order to succeed with this remedy (3) A minor who makes a misrepresentation (like Nomsa did in this question) commits a delict and can therefore be held delictually liable. This means that the prejudiced party (Mr Sbanyone ) has a claim for damages against the person committing the delict (the minor). A second remedy available to Sbanyone is A minor who makes a misrepresentation, may be held liable ex lege (by force of law) on the ground of unjustified enrichment. PVL1501 - Examination Questions Page 12 of 169 (e) Write down the minimum ages at which a minor may (i) witness a will (1) 14 Years (As from the age of 14 years minors may witness a will, and once they have turned 16, they may make a will) (ii) be a depositor with a mutual bank (1) 16 Years (a minor over the age of 16 years may be a member of or a depositor with any mutual bank.). (iii) make his or her own will (1) 16 years, they may make a will (iv) incur criminal ability in terms of the Child Justice Act 75 of 2008 (1) A minor's capacity to he held criminally accountable is governed by the Child Justice Act 75 of 2008 - A child between 10 and 14 years of age is presumed to be criminally unaccountable (f) Name the three stances when a minor may undergo an HIV test in terms of the Children's Act 38 of 2005 (3) A minor may undergo an HIV test only if:  the test is necessary to establish whether a health worker may have contracted HIV due to contact in the course of a medical procedure with any substance from the minor's body that may transmit HIV;  any other person may have contracted HIV due to contact with a substance from the minor's body that may transmit HIV, and a court has authorised the test; or  the test is in the child's best interests and the necessary consent has been given for the test. Question 4 [units 20-23] (a) Indicate whether each of the following statements is TRUE or FALSE (i) A person who enters into a valid customary marriage before he or she turns 18 becomes a mayor for all purposes (1) TRUE (ii) A person who enters into a void marriage before he or she turns 18 becomes a major for all purposes (1) PVL1501 - Examination Questions Page 13 of 169 FALSE (does not affect the status of the parties or confer any of the consequences of civil) (iii) A person who enters into a valid civil marriage before he or she turns 18 becomes a major for all purposes (1) TRUE (iv) A minor cannot acquire minority status by entering into a civil union (1) TRUE (a) Write a brief paragraph about the legal status of a mentally ill person (4) A mentally ill person has no capacity to act or locus standi in iudicio. A mentally ill person cannot enter into legal transactions or litigate even with assistance of his or her curator. The curator must conclude transactions and sue on behalf of the mentally ill person. A mentally ill person, unlike a minor, cannot enter into transactions, even if he or she acquires only rights and the other party incurs only duties. Any transaction a de facto mentally ill person enters into is void and cannot be ratified. However, a juristic act a mentally ill person performs during a lucid interval is valid and enforceable. (b) Define the term "insolvent" (2) A person is insolvent if his or her liabilities exceed his or her assets. If the person's estate is sequestrated by the High Court as a result of this state of affairs, the sequestration affects the person's legal capacity, capacity to act and capacity to litigate. An insolvent has limited capacity to litigate when his estate is sequestrated. All civil proceedings by or against the insolvent are staged until a trustee is appointed to act on behalf of the insolvent estate. The insolvent may sue in his own name without the trustee’s consent. PVL1501 - Examination Questions Page 14 of 169 2. MAY/JUNE 2019 Section A: Multiple-Choice Question Question 1 Which one of the following entities is not recognised as a juristic person in our law? 1) South African Airways 2) Makwela and Sons Partnership 3) VBS Mutual Bank 4) University of Namibia 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 jurisdiction the missing person was domiciled is approached Question 3 Indicate which one of the following statements regarding presumption of death is correct 1) The court may appoint a curator bonus to administer a missing person's affairs without pronouncing a presumption of death 2) Once the court has pronounced a presumption of death t means that there is an irrebuttable presumption that the person is dead 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 f the judicial officer is certain on a preponderance of probabilities that the person is dead 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 Question 5 Legal capacity Is 1) the capacity to perform valid juristic acts 2) the capacity to be held accountable for crimes and delicts 3) the capacity to appear in court as a party to a lawsuit 4) the capacity to have rights and duties PVL1501 - Examination Questions Page 15 of 169 Question 6 The following statements deal with domicile Indicate which one of the statements is incorrect 1) The place where a person permanently resides always coincides with his 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 automatically acquires a domicile of choice in prison 4) Sex and marital status no longer play a role in the acquisition of a domicile of choice 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 sterile 2) Evidence that he used contraceptives 3) 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 Question 8 The following statements deal with children born of unmarried parents Indicate the only correct option 1) When an unmarried parent dies, his or her estate is not responsible for the child's maintenance 2) A child who is born of unmarried parents can inherit intestate from both parents 3) An unmarried father must approach the High Court for an order to confer parental responsibilities and rights on hmm 4) A child born of unmarred parents may never be adopted by his or her biological father Question 9 Choose the only correct answer. The biological father of a child who is not or was never married to the mother of the child, automatically acquires full parental responsibilities and rights in respect of the child if he complies with the requirements in section 1) 19 2) 20 3) 21 4) 22 Question 10 Indicate which one of the following contracts concluded by four-year-old Nomsa is valid 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 friend, Ntokozo PVL1501 - Examination Questions Page 16 of 169 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 delvers 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) restitutio in integrum 3) condictio 4) rei vindicatio Question 12 John, a 17-year-old boy, wants to enter into a civil union, 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 his guardian 2) In order for John to enter into a valid civil union, he has to wat until he turns 18 3) In order for John to enter into a valid civil union, the court has to authorise rt 4) In order for John to enter into a valid civil union, he has to be emancipated Question 13 Indicate the only correct statement Sarah is 17 years old and has recently concluded a valid civil marriage with Tom, who is 21 years old Soon after the marriage Tom was killed in an aeroplane crash. The effect of Tom's death will be that 1) Sarah's minority will revive 2) the marriage will be void 3) Sarah will remain a major 4) the marriage will be voidable Question 14 Indicate which one of the following statements regarding emancipation is incorrect: 1) Only the High Court within whose area of jurisdiction 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) Ether parent may emancipate a child, provided that the parent has guardianship of the child 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 ill has no capacity to act 4) A person who is mentally ill has no capacity to act PVL1501 - Examination Questions Page 17 of 169 Section B Question 1 [units 1 to 7] (a) One of the entities that are recognised as juristic persons in our law, is associations which comply with the common-law requirements for the recognition of legal personality List these three common-law requirements (3) At common-law, juristic persons are known as universitates. The three common requirements that associations must meet in order to be recognised as juristic persons are: 1. The association must have a continuous existence irrespective of the fact that its members may vary. 2. It must have rights, duties and capacities or be able to have rights, duties and capacities in its own right. 3. Its object must not be the acquisition of gain. (b) During the existence of Jamie Clarkson and Juliette May's marriage, Juliette gave birth to a baby girl, June. June bore her father's surname (Clarkson) When June was four years old, the couple got divorced Two years after the divorce, Juliette fell in love with Mark Hammond, and they got married a year later After the marriage, Juliette took Mark's surname She would Ike to have June's surname changed to correspond to her new married surname Advise her with reference to authority (4) If the mother enters into a new marriage or civil union, she may apply to have the child's surname changed to the surname she bears, she needs the written consent of the child's father as well as the written consent of her new husband or civil union partner, unless the court dispenses with consent. If the mother has sole guardianship, she does not need the father's consent, but she still needs the consent of her new husband or civil union partner, unless the court dispenses with consent. Juliette needs to follow application procedures to change June’s surname. As mentioned above the general rule is that Juliette needs the written consent of June’s father, Jamie, as well Mark Hammond, the new husband, unless the court dispenses with the consent. (c) The table below (column A) contains extracts from decisions that deal with the protection of the interests of unborn children. The list of cases in which these decisions were delivered follows below Write the name of the relevant case In which a particular decision was delivered in column B of the table (8)  Road Accident Fund v Mtatr  Chisholm v East Rand Propnetary Mines Ltd PVL1501 - Examination Questions Page 18 of 169  Shields v Shields  Ex parte Boedel Steenkamp Column A Column B A child in is mother's womb Is presumed to be alive for the purposes of succession, provided the child is subsequently born alive and that it is to the advantage of such child Ex parte Boedel Steenkamp An agreement by a mother that waives her unborn child's right to maintenance is contrary to the legal convictions of the community Shields v Shields A child whose father was killed prior to his or her birth as a result of someone else's delict has a dependant's action for damages for loss of support against the person who committed the delict Chisholm v East Rand Propnetary Mines Ltd It is unnecessary to use the nasciturus fiction to grant a child an action for prenatal injuries Road Accident Fund v Mtatr Question 2 [units 8 to 11] (a) Study the following scenarios and then answer the questions that follow (i) Refilwe is 21 years old She was living and working in Cape Town until a month ago when she was retrenched. She is now living with a friend in Port Elizabeth while she is looking for another job Where is Refilwe domiciled? Provide a reason and authority for your answer (3) As Refilwe is a major, and therefore, she has the capacity to acquire a domicile of choice (s 1(1) of the Domicile Act). The two requirements for acquiring a domicile of choice is that a person must be lawfully present in place and have the intention to settle for an indefinite period. In this case Refilwe does not have the intention of settling an indefinite, and therefore is domiciled in Cape Town. The Domicile Act (1) provides that a person does not lose their domicile until he or she has acquired another domicile, neither does Refilwe they need to be continuously present in Cape Town in order for her to be domiciled there (ii) Vusi is 20 years old and mentally incapacitated He was born in Durban where he also lived with his parents until they were divorced After the divorce, his mother moved to Polokwane, while his dad stayed in Durban Since the divorce, Vusi's grandmother, who lives in Modimolle, has been taking care of him Where Is Vusi domiciled? Provide a reason for your answer (3) Section 2(1) of the Domicile Act provides that anyone who does not have the capacity or the mental capacity to make a rational choice to acquire a domicile of choice, is domiciled at the place with which he or she is most closely connected. The law assigns a domicile to them for as PVL1501 - Examination Questions Page 19 of 169 long as their mental incapacity lasts, which is called an assigned domicile, a domicile by operation of the law, or the domicile of closest connection. Since Vusi is living with his grandmother in Modimolle, he is domiciled in Modimolle (iii) Thandi is a 7-year-old girl She was born in Cape Town where she lived with her parents until her father died last year After her father's death, her mother moved to Johannesburg Since her father's death, Thandi has been staying with her aunt In Durban where she also attends school Where is Thandi domiciled? Provide a reason for your answer (2) Section 2(1) of the Domicile Act 3 of 1992 provides that a person who is incapable of acquiring a domicile of choice (i.e. among others, a minor) is domiciled at the place to which he or she is most closely connected. Therefore, Thandi is domiciled in Durban. (b) Parentage is usually based on the biological fact of being genetically related to the child However, in terms of section 1(1) of the Children's Act 38 of 2005 three categories of persons are excluded from legally qualifying as a child's "parent" Name the three categories. (3)  The biological father of a child who was conceived through rape of or incest with the child's mother.  Any person who is biologically related to a child by reason only of being a gamete donor for purposes of artificial fertilisation.  A parent whose parental responsibilities and rights in respect of the child have been terminated. (c) YM v LB 2010 (6) SA 338 (SCA) deals with the power of a court to order scientific tests on a blood or other sample from a child in a paternity dispute Very briefly (in one or two sentences), write down what the court held in this case (3) In YM v LB 2010 (6) SA 338 (SCA) the Supreme Court of Appeal confirmed that the High Court as the upper guardian of minors has the inherent power to order such tests in paternity disputes if the order is in the child’s best interests (Heaton pp 61–62). If Nsizwa thus were to go to court to obtain an order to force Nancy to submit Owami to DNA tests, he would succeed if the court deemed these tests to be in Owami’s best interests. (d) Name the four components of parental responsibilities and rights (4) PVL1501 - Examination Questions Page 20 of 169 The four components of parental responsibilities and rights as defined in section 1 of the Children’s Act are: (1) Care (2) Contact (3) Guardianship (4) Maintenance (e) List two ways in which the status of a child born of unmarred parents can be changed to that of a child born of marred parents (2) The status of children born of unmarried parents may be changed as follows:  by the subsequent marriage or civil union between the child’s parents (Heatonp 77)  by adoption (Heaton p 77) Question 3 [units 12 to 19] (a) Indicate whether each of the following statements is TRUE or FALSE (i) An infans has no capacity to act (1) TRUE (ii) An infans is someone below the age of 12 months (1) TRUE (iii) An infans can be held criminally liable because liability is based on fault. (1) FALSE (b) On 5 April 2019 and without the assistance of her guardian Andile, a 17-year-old minor, concludes a contract of sale with Nadeem, a 30-year-old businessman Andile does not misrepresent her age to Nadeem In terms of the contract, Andile buys a Rolex wristwatch from Nadeem for R20 000 Andile pays a deposit of R1 000 and Nadeem gives the watch to her Thereafter, Andile refuses to make any further payments on the ground that she is a minor and not liable in terms of the contract. On 22 April Nadeem Institutes a claim for payment Use these facts to answer each of the following questions (i) Is Andile liable to Nadeem and, if so, on what ground? Refer to case law to substantiate your answer PVL1501 - Examination Questions Page 21 of 169 (3) (ii) Suppose that Andile lost the watch a week after she received it. Is she liable to Nadeem? Provide a reason for your answer (2) (iii) Suppose that Andile does not lose the watch, but sells it to her friend for R10 000 on 12 April She uses R500 of this money to buy herself a new pair of jeans because her only other pair of jeans was badly torn, R1 500 on a massage at a spa, and the remaining R8 000 she deposits into her savings account Is she liable to Nadeem and, if so, for what amount? Explain your answer with reference to each amount mentioned (5) (c) Use the same facts as in (b) above, but now assume that Andile did have her guardian's consent to enter into the contract Answer each of the following questions. (i) Is Andile liable to Nadeem and, if so, on what ground? (2) (ii) A week after the transaction, Andile finds out that the Rolex is a fake, worth less than R100 She now approaches you for advice Explain to her what remedy is available to her, and list the requirements for this remedy (3) (iii) Again, suppose that a week after the transaction Andile finds out that the Rolex Is a fake, worth less than R100 Five years later, at the age of 22, she decides that she wants her money back Does Andile have any remedy? Provide an explanation for your answer (3) (d) Bongile is a 12-year-old boy who is mentally incapacitated One Saturday morning, while his parents are out shopping, he goes to the local hospital because he has a rash on his back and wants treatment for it. Explain to Bongile what the legislation provides regarding consent to medical treatment, and advise the doctor whether he may treat Bongile (4) A minor who is below the age of 12 years may not have medical treatment (same applies to an operation) without his or her guardian's consent. The guardian's consent to medical treatment is also needed if the minor has already turned 12 but is immature and does not have the mental capacity to understand the benefits, risks and social implications of the treatment. Section 129 of the Children’s Act 38 of 2005 suggests that a minor who has already turned 12 is sufficiently mature and has the mental capacity to understand the benefits, risks, social and other implications of the medical treatment, the consent of his or her guardian is not needed (or the medical treatment of his or her child). However, in terms of consent to an operation he or she must still be "duly assisted" by his or her guardian. Question 4 [units 20-23] (a) List three ways in which minority may be terminated PVL1501 - Examination Questions Page 22 of 169 (3) Minority may be terminated in the following ways: (i) Attainment of the prescribed age (ii) Marriage or civil union (iii) Venia aetatis and release from tutelage (iv) Emancipation (b) Compare the legal capacity of an interdicted prodigal with the legal capacity of an insolvent (4) The limitations on an interdicted prodigal's legal capacity relate to his or her participation in commercial dealings and handling finances, they are barred from being a director of a company or a trustee of an insolvent estate. An insolvent person's legal capacity is influenced by the sequestration of his or her estate. Insolvent is barred from certain offices such as director of a company, mutual bank or a trustee until they are rehabilitated by an order of the High Court. (c) An insolvent may only enter into contracts under certain circumstances If the insolvent enters into a contract in breach of these provisions, the contract is nevertheless valid if the following requirements are met (3) If the insolvent enters into a contract in breach of these provisions, the contract is nevertheless valid if the following requirements are met: (1) The property the insolvent disposed of was acquired after sequestration. (2) The disposition was for valuable consideration. (3) The person with whom the insolvent transacted was unaware and had no reason to suspect that the estate was under sequestration. PVL1501 - Examination Questions Page 23 of 169 3. OCT/NOV 2018 Section A: Multiple-Choice Question Question 1 The statements below deal with the Births and Deaths Registration Act 51 of 1992 Choose the only incorrect option 1) No birth may be registered unless a forename and a surname have been assigned to the child 2) A child born of unmarred parents may be registered under both parents' surnames joined together as a double-barrel surname 3) Notice of a birth must be given by the child's parents within 30 days of the birth of the child 4) The regulations prescribe that the notice of birth must be accompanied by certain documents such as the fingerprint of the child.