Law of Persons: Case Summaries
Edelstein v Edelstein 1952 (3) SA 1 (A)
The Unassisted Minor:
Facts Issue Ratio / Conclusion Significance:
A minor was married, Was the marriage in Roman Dutch authority: Deals with the contractual
under South African community of property or an ante-nuptial contract liability of minors.
common law, to a Mr not? entered into by a minor A contract entered into by
Edelstein. Whether a contract without the assistance of the minor without the
Mr Edelstein was later entered into by a minor his guardian is void. assistance of his guardian
deceased. without assistance is fully Voet: “In all contracts is not binding on the
Antenuptial contract binding? where mutual obligations minor. (Limping contract)
(whether they were Is the unassisted minor are assumed, the Major party cannot sue on
married in community of bound by their contract? guardian’s assistance is the contract with a minor.
property (the default in necessary, failing which RULE:
SA) or not?) If she was bound – she would the contract limps. Other The unassisted minor cannot
Mother assisted the only receive 50 pounds. party is bound but minor incur binding contractual
daughter in signing the is not” obligations.
antenuptial contract. If she was not bound by the The unassisted minor is
Father was her guardian. contract – she would receive not bound by the contract. Makes clear the precise notion
Her mother could not give 50 000 pounds. They can resile with of benefit is required when it is
adequate consent. impunity. alleged that a contract is
(Divorced) Presumption that all binding on a minor.
Father did not assist in the marriages in South Africa
execution of the contract. are in community of
The age of majority at the property unless specified
time of the case was 21, to be otherwise.
Miss Edelstein was 20 (a The unassisted minor
minor) cannot incur binding
contractual obligations.
, The Assisted Minor:
Baddeley v Clarke 1923 44 NPD 306
Facts: Issue: Ratio: Significance:
Minor purchased Whether or not informed There is no clear and Understanding informed
motorcycle for 38 pounds. consent was given to the satisfactory proof that the consent.
Terms of the contract son by the father, and father was aware of the Ratification requires
were burdensome and therefore whether the material terms and informed consent by the
entitled the seller to minor was assisted or not. conditions of the contract. guardian.
repossess the motorcycle Whether a contract can be Not informed consent. Contract is rendered
should the minor fail to repudiated due to limited Contract was not ratified invalid and can be
pay an instalment. knowledge on of the by the father. repudiated to the extent to
Minor missed 3 rd
contract by a guardian? Renders the contract which the minor
instalment, and the invalid. benefitted.
motorcycle was Court reduced the minor’s RULE:
repossessed. claim on the grounds that The guardian must know the
Father sued for the return the he had already derived material terms of the contract
of money paid by his a benefit from his use of to give informed consent.
minor son under a the motorbike for three Informed consent is required to
contract entered into by months. bind the minor.
the son, without the
father’s assistance or
consent.
Father knew the son was
in possession of the motor
bike, but didn’t know he
had bought it, thought he
was renting it. Did not
know the terms of the
contract
Edelstein v Edelstein 1952 (3) SA 1 (A)
The Unassisted Minor:
Facts Issue Ratio / Conclusion Significance:
A minor was married, Was the marriage in Roman Dutch authority: Deals with the contractual
under South African community of property or an ante-nuptial contract liability of minors.
common law, to a Mr not? entered into by a minor A contract entered into by
Edelstein. Whether a contract without the assistance of the minor without the
Mr Edelstein was later entered into by a minor his guardian is void. assistance of his guardian
deceased. without assistance is fully Voet: “In all contracts is not binding on the
Antenuptial contract binding? where mutual obligations minor. (Limping contract)
(whether they were Is the unassisted minor are assumed, the Major party cannot sue on
married in community of bound by their contract? guardian’s assistance is the contract with a minor.
property (the default in necessary, failing which RULE:
SA) or not?) If she was bound – she would the contract limps. Other The unassisted minor cannot
Mother assisted the only receive 50 pounds. party is bound but minor incur binding contractual
daughter in signing the is not” obligations.
antenuptial contract. If she was not bound by the The unassisted minor is
Father was her guardian. contract – she would receive not bound by the contract. Makes clear the precise notion
Her mother could not give 50 000 pounds. They can resile with of benefit is required when it is
adequate consent. impunity. alleged that a contract is
(Divorced) Presumption that all binding on a minor.
Father did not assist in the marriages in South Africa
execution of the contract. are in community of
The age of majority at the property unless specified
time of the case was 21, to be otherwise.
Miss Edelstein was 20 (a The unassisted minor
minor) cannot incur binding
contractual obligations.
, The Assisted Minor:
Baddeley v Clarke 1923 44 NPD 306
Facts: Issue: Ratio: Significance:
Minor purchased Whether or not informed There is no clear and Understanding informed
motorcycle for 38 pounds. consent was given to the satisfactory proof that the consent.
Terms of the contract son by the father, and father was aware of the Ratification requires
were burdensome and therefore whether the material terms and informed consent by the
entitled the seller to minor was assisted or not. conditions of the contract. guardian.
repossess the motorcycle Whether a contract can be Not informed consent. Contract is rendered
should the minor fail to repudiated due to limited Contract was not ratified invalid and can be
pay an instalment. knowledge on of the by the father. repudiated to the extent to
Minor missed 3 rd
contract by a guardian? Renders the contract which the minor
instalment, and the invalid. benefitted.
motorcycle was Court reduced the minor’s RULE:
repossessed. claim on the grounds that The guardian must know the
Father sued for the return the he had already derived material terms of the contract
of money paid by his a benefit from his use of to give informed consent.
minor son under a the motorbike for three Informed consent is required to
contract entered into by months. bind the minor.
the son, without the
father’s assistance or
consent.
Father knew the son was
in possession of the motor
bike, but didn’t know he
had bought it, thought he
was renting it. Did not
know the terms of the
contract
