Revision Examination Tests
“Come all for this Greatness”
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LAW OF PERSONS PVL 1501 ASSIGNMENT QUESTIONS 2024-2025 -
QUESTIONS AND CORRECT DETAILED ANSWERS
General concepts
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Quiz Agreement:
Ans: Conscious meeting of minds (consensus ad idem) between two or more
persons. An agreement creating obligations is known as a contract.
Quiz Capacity to act:
Ans: The capacity to perform valid juristic acts.
Capacity to litigate: The capacity to appear in court as a party to a
suit.
Quiz Capacity to litigate:
Ans: The capacity to appear in court as a party to a
suit.
Quiz Contract:
Ans: An agreement entered into with the intention of creating an obligation or
obligations.
Quiz Curator:
, Ans: A person who manages another person's affairs on behalf of the latter
because he or she is not capable of doing so. A curator ventris acts, in general, on
behalf of an unborn child,
A curator ad litem acts on behalf of another only for the purposes of litigation and a
curator bonis administers another's property.
Quiz Damages:
Ans: The amount which a person can claim as compensation for actual patrimonial
loss he or she has suffered as a consequence of delict or breach of contract. See
also ''reparation'' infra.
Quiz Delict:
Ans: A delict is a wrongful and intentional or negligent act as a consequence of
which another suffers a loss.
''Wrongful'' is a term with speci c connotations that will be dealt with in the module on
the law of delict. In short, this term signi es the infringement of a right (subjektiewe
reg) or the non-ful lment of a legal duty.
Quiz Enrichment:
Ans: Unjusti ed enrichment occurs when one person obtains a patrimonial bene t at
the expense of another without a valid legal ground existing for the transfer of the
benefit.
Quiz Estoppel:
Ans: The doctrine that provides that if someone culpably represents that a certain
state of affairs exists, and another person acts to his or her own disadvantage in
consequence of such a representation, the deceiver is precluded from raising the
true facts.
Quiz Exceptio non adimpleti contractus:
Ans: A defence which a party to a reciprocal contract may, under certain
circumstances, employ against the other party when the latter sues the former on the
contract and the latter himself or herself has not performed or tendered performance.
Quiz Juristic act:
Ans: A human act to which the law attaches at least some of the consequences
desired by the party or parties performing the act.
The distinction between a void and a voidable juristic act is important. A void juristic
act is void ab initio and devoid of all legal consequences. The position is simply as if
the juristic act had never taken place. A voidable juristic act, on the other hand, is
valid and has all the usual legal consequences until it is nulli ed or set aside (e.g. by
a party to the contract or a third party). It differs from a valid juristic act in that it has