PVL1501 ASSIGNMENT 1 QUIZ MEMO - SEMESTER 1 - 2026
- UNISA – DUE DATE: - 28 MARCH 2026 QUESTIONS AND
ANSWERS - DISTINCTION GUARANTEED
Liability:
A person is legally liable if a performance which is due as a result of inter alia a contract or
delict can be legally enforced against him or her.
Majors and minors and mondig and onmondig:
While the first two concepts indicate only whether a person is older or younger than 18
years, the last two concepts indicate whether or not a person is legally regarded as being
capable of conducting his or her own affairs.
Child born of married parents and child born of unmarried parents:
A child born of married parents is a child who is born of parents who are legally married to
each other at the time of the
child's conception or birth or at any intervening time. Marriage includes civil, customary
and religious marriages as well as civil unions. If a child's parents are not parties to a valid
marriage or civil union with each other at the time of the child's conception or birth or at
any intervening time, the child is a child born of unmarried parents.
Negotiorum gestio:
The administering of another's affairs to his or her advantage, but without his or her
knowledge.
Obligation:
A juristic bond in terms of which, on the one hand, one person has a right to a performance
and, on the other hand, another person has a duty to render performance. A civil obligation
is legally enforceable while a natural obligation is unenforceable.
Performance:
Human conduct which may consist of either doing or not doing something. An obligation
consists of a duty to render performance.
Presumption:
An assumption made by the law on the basis of the available facts. An irrebuttable
presumption cannot be rebutted by proving facts to the contrary - in such a case the
, ''presumption'' is actually alegal rule which states that a certain acceptance must be made
by the law if certain facts are proved to exist. A rebuttable presumption is an acceptance
which is made but which can be rebutted by proving the contrary.
Name the two classes of legal subjects recognized in SA law?
Natural and juristic persons
natural person
All human beings irrespective of their age, mental capacity and intellectual ability are
recognized as legal subjects
Juristic person
enjoys legal existence independent from that of its members or the natural persons who
created it
Associations incorporated: banks, companies, close corporations, and co-operatives
Associations especially created and recognized as juristic persons ins separate legislation:
universities, semi-state organizations such as the SABC
Associations which comply with the common-law requirements for the recognition legal
personality of a juristic person. must have continuous existence irrespective of the fact
that its members may vary, it must have rights, duties and capacities or be able to have
rights, duties and capacities and its objects must not be the acquisition of gain
A trust is not a juristic person nor a partnership, individual partners are responsible for
partnership debts out of private funds
Law
system of norms of conduct or rules by competent bodies to regulate relations between
members of the community in a peaceful and just manner
Name the two classes of subjects recognized in SA?
Natural persons and juristic
Is a Monstrum regarded as a legal subject in our law today?
yes, any form of human life is regarded as a legal subject
is a partnership regarded as a jusistic person in our law?
- UNISA – DUE DATE: - 28 MARCH 2026 QUESTIONS AND
ANSWERS - DISTINCTION GUARANTEED
Liability:
A person is legally liable if a performance which is due as a result of inter alia a contract or
delict can be legally enforced against him or her.
Majors and minors and mondig and onmondig:
While the first two concepts indicate only whether a person is older or younger than 18
years, the last two concepts indicate whether or not a person is legally regarded as being
capable of conducting his or her own affairs.
Child born of married parents and child born of unmarried parents:
A child born of married parents is a child who is born of parents who are legally married to
each other at the time of the
child's conception or birth or at any intervening time. Marriage includes civil, customary
and religious marriages as well as civil unions. If a child's parents are not parties to a valid
marriage or civil union with each other at the time of the child's conception or birth or at
any intervening time, the child is a child born of unmarried parents.
Negotiorum gestio:
The administering of another's affairs to his or her advantage, but without his or her
knowledge.
Obligation:
A juristic bond in terms of which, on the one hand, one person has a right to a performance
and, on the other hand, another person has a duty to render performance. A civil obligation
is legally enforceable while a natural obligation is unenforceable.
Performance:
Human conduct which may consist of either doing or not doing something. An obligation
consists of a duty to render performance.
Presumption:
An assumption made by the law on the basis of the available facts. An irrebuttable
presumption cannot be rebutted by proving facts to the contrary - in such a case the
, ''presumption'' is actually alegal rule which states that a certain acceptance must be made
by the law if certain facts are proved to exist. A rebuttable presumption is an acceptance
which is made but which can be rebutted by proving the contrary.
Name the two classes of legal subjects recognized in SA law?
Natural and juristic persons
natural person
All human beings irrespective of their age, mental capacity and intellectual ability are
recognized as legal subjects
Juristic person
enjoys legal existence independent from that of its members or the natural persons who
created it
Associations incorporated: banks, companies, close corporations, and co-operatives
Associations especially created and recognized as juristic persons ins separate legislation:
universities, semi-state organizations such as the SABC
Associations which comply with the common-law requirements for the recognition legal
personality of a juristic person. must have continuous existence irrespective of the fact
that its members may vary, it must have rights, duties and capacities or be able to have
rights, duties and capacities and its objects must not be the acquisition of gain
A trust is not a juristic person nor a partnership, individual partners are responsible for
partnership debts out of private funds
Law
system of norms of conduct or rules by competent bodies to regulate relations between
members of the community in a peaceful and just manner
Name the two classes of subjects recognized in SA?
Natural persons and juristic
Is a Monstrum regarded as a legal subject in our law today?
yes, any form of human life is regarded as a legal subject
is a partnership regarded as a jusistic person in our law?
