Law of Persons PVL 1501 || 100% Detailed Answers.
Agreement: correct answers Conscious meeting of minds (consensus ad idem) between two or
more persons. An agreement creating obligations is known as a contract.
Capacity to act: correct answers The capacity to perform valid juristic acts.
Capacity to litigate: The capacity to appear in court as a party to a
suit.
Capacity to litigate: correct answers The capacity to appear in court as a party to a
suit.
Contract: correct answers An agreement entered into with the intention of creating an obligation
or obligations.
Curator: correct answers 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.
Damages: correct answers 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.
Delict: correct answers 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.
Enrichment: correct answers 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.
Estoppel: correct answers 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.
Exceptio non adimpleti contractus: correct answers 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.
Juristic act: correct answers 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 some or other defect that might lead to its nulli
cation, but does not render the juristic act void from the outset.
Law of succession: correct answers The law of intestate succession determines how and on
whom a person's estate devolves when he or she dies without a valid will. The law of testate
succession determines how and on whom a person's estate devolves when the testator has left a
valid will.
Legal capacity: correct answers The capacity to have rights and duties.
Agreement: correct answers Conscious meeting of minds (consensus ad idem) between two or
more persons. An agreement creating obligations is known as a contract.
Capacity to act: correct answers The capacity to perform valid juristic acts.
Capacity to litigate: The capacity to appear in court as a party to a
suit.
Capacity to litigate: correct answers The capacity to appear in court as a party to a
suit.
Contract: correct answers An agreement entered into with the intention of creating an obligation
or obligations.
Curator: correct answers 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.
Damages: correct answers 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.
Delict: correct answers 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.
Enrichment: correct answers 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.
Estoppel: correct answers 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.
Exceptio non adimpleti contractus: correct answers 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.
Juristic act: correct answers 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 some or other defect that might lead to its nulli
cation, but does not render the juristic act void from the outset.
Law of succession: correct answers The law of intestate succession determines how and on
whom a person's estate devolves when he or she dies without a valid will. The law of testate
succession determines how and on whom a person's estate devolves when the testator has left a
valid will.
Legal capacity: correct answers The capacity to have rights and duties.
