PVL FINAL EXAM 2026 COMPREHENSIVE
REVIEW QUESTIONS AND SOLUTIONS
◉ Agreement:
Answer: Conscious meeting of minds (consensus ad idem) between
two or more persons. An agreement creating obligations is known as
a contract.
◉ Capacity to act:
Answer: 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:
Answer: The capacity to appear in court as a party to a
suit.
◉ Contract:
Answer: An agreement entered into with the intention of creating an
obligation or obligations.
,◉ Curator:
Answer: 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:
Answer: 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:
Answer: 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:
Answer: 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:
Answer: 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:
Answer: 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:
Answer: 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.
REVIEW QUESTIONS AND SOLUTIONS
◉ Agreement:
Answer: Conscious meeting of minds (consensus ad idem) between
two or more persons. An agreement creating obligations is known as
a contract.
◉ Capacity to act:
Answer: 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:
Answer: The capacity to appear in court as a party to a
suit.
◉ Contract:
Answer: An agreement entered into with the intention of creating an
obligation or obligations.
,◉ Curator:
Answer: 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:
Answer: 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:
Answer: 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:
Answer: 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:
Answer: 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:
Answer: 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:
Answer: 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.
