PVL2601 ASSIGNMENT 02 ANSWERS Semester 2 2024

PVL2601 ASSIGNMENT 02 ANSWERS Semester 2 2024 PVL2601: ASSIGNMENT 2 2024/2 Question 1 For the past ten years, Ben has known that he is sterile. As Mary has repeatedly told Ben that she wants children, Ben fears that Mary will not want marry him if he tells her about his sterility. A year after the wedding, Ben tells Mary that he is sterile. Mary tells Ben that she would never have married him had she known that he was sterile. (a) Explain the meaning term of “voidable civil marriage”. (2) (b) Name seven grounds on which a voidable marriage can be set aside. (7) (c) Can a court order set aside Ben and Mary’s marriage? (1) [10] Question 2 Mpho and Sipho have been in a romantic relationship since 2000. In 2010, Sipho was involved in an accident at work which led to a hospitalisation lasting eight months. Throughout this period, Mpho remained by Sipho's side, offering her support and care. The accident left Sipho permanently disabled. In 2012, Sipho received lump sum compensation of R3 million from his employers’ insurance company. He invested R2 million and used R1 million to meet his needs. Two years later, in 2014, Sipho and Mpho got married in community of property. Unfortunately, the marriage was short-lived. In January 2023, Sipho initiated divorce proceedings. Apart from the sharing of the R2 million held in an investment account, the parties agree on all other aspects of their divorce. Mpho believes that, as the parties are married in community of property, they should share the R2 million and the interest on it equally, whereas Sipho argues that since the money originated from a payment under his employer’s insurance policy and relates to his disability, it is his alone. Explain the legal position regarding the R2 million that remains from the insurance pay-out to Mpho and Sipho. Refer to legislation and case law in your answer. NB: When doing the assignment remember that your answer will be evaluated according to the following assessment criteria: Very important: Your answer to the question will be evaluated according to the following marking rubric: Evaluation criteria Not yet achieved Partially achieved Achieved 1. Identify the problem. 0 0.5 1 2. Discussing the relevant law applicable to the problem referring to authority, acknowledging sources and avoiding plagiarism 0 1-6 7 3. Applying the law to the facts of the problem 0 0.5 1 4. Language, use of tenses/syntax and formulation 0 0.5 1 [10]