PVL1501 EXAM PACK 2022

PVL1501 EXAM PACK 2022. Our law recognises associations which comply with the common-law requirements for the recognition of legal personality of juristic persons. Which one of the following entities is not an example of this type of juristic person? [1] A church [2] A trade union [3] A company [4] A political party (2) To comply with common-law requirements for the recognition of legal personality of juristic persons, the following requirements have to be met: The association must have a continuous existence irrespective of the fact that the members may vary. The association must have rights, duties and capacities or be able to have rights, duties and capacities in its own right. The objective of the association must not be the acquisition of gain. Examples are a church, a political party and a trade union. Options [1], [2] and [4] all comply with these requirements, but a company does not comply with these requirements. Option [3] is thus incorrect. (Only Study Guide pp 15-16; Heaton p 4) Since you had to indicate which of the listed options does not comply with the common- law requirements for the recognition of legal personality of juristic persons, option [3] is the correct alternative. Question 2 A nasciturus can be defined as ... [1] a fiction that benefits third persons [2] a child’s claim for pre-natal injuries [3] a conceived but unborn child or fetus [4] a fiction that creates legal subjectivity (2) A nasciturus is a conceived but unborn child or fetus. (Only Study Guide p 26; Heaton p 12) Option [3] is the correct alternative. Question 3 Indicate which one of the following is not recognised as a legal subject in our law: [1] a newborn baby who is so deformed that she will inevitably die [2] a baby who has been conceived but has not been born yet [3] a person who is suffering from dementia [4] a person who is mentally incapacitated (2) A natural person’s legal personality begins at birth. A person is not regarded as a legal subject before he or she is born alive. Option [2] is thus not recognised as a legal subject. Although there are authors who maintain that a child must also be viable before legal personality is conferred upon him or her, it is doubtful whether viability is a requirement for the commencement of legal personality in South African law. A newborn baby, even if deformed, a person who suffers from dementia, and a person who is mentally incapacitated all acquire legal personality. Options [1], [3] and [4] are recognised as a legal subject. (Only Study Guide p 21; Heaton p 7) Since you had to choose the option that is not a legal subject, option [2] is the correct alternative. Question 4 In which one of the following cases did the court find that an agreement that a child’s father would not be responsible for the child’s maintenance after birth was contrary to good morals? [1] Shields v Shields [2] Road Accident Fund v Mtati [3] Pinchin v Santam Insurance Co Ltd [4] Chisholm v East Rand Proprietary Mines Ltd (2) In Shields v Shields 1946 CPD 242 the parents wanted to incorporate an agreement into a divorce order that a child’s father would not be responsible for the child’s maintenance after birth. The court refused to do so. It held that a mother cannot waive her unborn child’s right to claim maintenance, and that such agreement was contra bonos mores (contrary to good morals). (Only Study Guide p 28; Heaton p 15) Option [1] is the correct alternative. Question 5 Which one of the following statements about the reporting of a death is correct? [1] It is not necessary to give notice of a stillbirth. [2] A death due to natural causes must be reported by a medical practitioner. [3] Only deaths due to natural causes have to be reported. [4] Every death must be reported to the Director-General of Home Affairs or the DirectorGeneral’s duly appointed representative. (2) In terms of the Births and Deaths Registration Act 51 of 1992 every death has to be reported to the Director-General of Home Affairs (or a duly appointed representative). Option [4] is thus correct. Notice of a stillbirth must be given. Option [1] is thus incorrect. If someone died of natural causes, anyone who was present at the death, became aware of it or is in charge of the person’s funeral must report it. Option [2] is thus incorrect. The death has to be reported whether it was due to natural or unnatural causes. Option [3] is thus incorrect. (Only Study Guide p 45; Heaton p 32) Since you had to choose the only correct option, option [4] is the correct alternative. Question 6 All the statements below deal with domicile. Indicate which one is incorrect: [1] A person cannot relinquish his or her previous domicile before acquiring a new domicile. [2] Whether a person has acquired a domicile has to be proved beyond a reasonable doubt. [3] Every person must have a domicile at all times. [4] The changing of a person’s domicile is never accepted without proof. (2) Every person must have a domicile at all times. Option [3] is thus correct. The law cannot allow a person to be without a domicile at any time. Option [1] is thus correct. The changing of a person’s domicile is never accepted without proof. Option [4] is thus correct. Whether a person has acquired or lost a domicile is determined on a balance of probabilities. Option [2] is thus incorrect. (Only Study Guide p 55; Heaton p 41) Since you had to choose the only incorrect statement, option [2] is the correct alternative. Question 7 Which one of the following factors influences a person’s status in private law? [1] Religion [2] Wealth [3] Insolvency [4] Disability (2) A person’s status or standing in the law is determined by all those attributes a person has to which the law attaches consequences. In private law the most important factors which determine a person’s status are domicile, birth outside marriage, youth, physical illness or incapacity, mental illness or incapacity, intoxication, prodigality and insolvency. Options [1], [2] and [4] do not influence a person’s standing in private law, while option [3] does. (Only Study Guide p 49; Heaton p 35) Since you had to choose the only factor that influences a person’s status in private law, option [3] is the correct alternative. Question 8 In each of the following scenarios a child is born as a result of artificial fertilisation. In which one is the child considered to be a child born of unmarried parents? [1] Thandi was artificially inseminated with the semen of her husband, Jason. As a result of the artificial insemination Thandi gave birth to a baby girl, Thabiso. Jason consented to his semen being used for the artificial insemination. [2] Anne was artificially inseminated with the semen of her civil union partner, Simon. As a result of the artificial insemination Anne gave birth to a baby girl, Nelly. Simon consented to his semen being used for the artificial insemination. [3] Gloria and Anna entered into a valid civil union. Gloria was artificially inseminated with donor sperm and as a result of the artificial insemination she gave birth to a baby boy, Thomas. Anna consented to the artificial insemination. [4] Maria and Emily are same-sex life partners who are not party to a civil union. After being artificially inseminated with donor sperm, Maria gave birth to a baby boy, Sammy. Emily consented to the artificial insemination. (2) If a woman is married and the semen of her husband was used for the artificial fertilisation, the child is a child born of married parents. This is irrespective of whether or not the woman’s husband consented to his semen being used. In option [1] Thabiso is thus considered to be a child born of married parents. If a woman is a party to a civil union and the semen of her civil union partner was used for the artificial fertilisation, the child is a child born of married parents. This is irrespective of whether or not the woman’s civil union partner consented to his semen being used. In option [2] Nelly is thus considered to be a child born of married parents. If donor sperm was used for the artificial fertilisation of a woman who is a party to a civil union, the child is a child born of married parents only if both civil union partners consented to the artificial fertilisation. Anna did consent, and in option [3] Thomas is thus considered to be a child born of married parents. A child who is born as a result of artificial fertilisation to same-sex life partners who fall outside the ambit of the Civil Union Act 17 of 2006 is a child born of unmarried parents. In option [4] Sammy is thus considered to be a child born of unmarried parents. (Only Study Guide pp 63-64; Heaton p 49) As you had to choose the option where the child is considered to be a child born of unmarried parents, option [4] is the correct alternative. Question 9 An infans can be defined as ... [1] a child younger than one year [2] a child younger than seven years 16 [3] a child younger than 14 years [4] a child younger than 18 years (2) An infans is a child under the age of seven years. (Only Study Guide p 83; Heaton p 84) Option [2] is the correct alternative. Question 10 Choose the only correct option. A natural obligation means that .... [1] the contract is void. [2] the contract is voidable. [3] the contract is legally enforceable. [4] the contract is legally unenforceable. (2) If a contract creates a natural obligation on a minor’s side, it means that it is unenforceable against him or her and his or her guardian. Option [4] is therefore correct. The contract is not void as it is enforceable against the other party. Option [1] is therefore incorrect. Option [2] is also incorrect. The contract is not voidable because a voidable contract is valid until set aside. Option [3] is incorrect, because a minor’s unassisted contract does not bind the minor at all. (Only Study Guide p 87; Heaton p 86) As you had to choose the only correct option, option [4] is the correct alternative. TOTAL ASSIGNMENT 02: [20] PVL1501/201 17 5 COMMENTARY ON SELF-EVALUATION ASSIGNMENT 5.1 General This is a self-evaluation assignment. It means that you have to evaluate the answers to the assignment questions yourself with reference to the comments below. Before you go through the answers, make sure that you have answered the questions to the best of your ability. Below, we provide you with the answers to all the questions. We could not include every possible answer, but if you compare your own answers to the answers below, it will give you a good indication of how well you know the content of the module.You should use these comments to evaluate your own answers, so that you can ascertain whether your answers are correct and complete, and whether you have included and/or discussed all the relevant legal principles, legislation and/or prescribed cases correctly. In this way you should work through the commentary thoroughly, and make an honest attempt to compare it with your answers. If any of your answers fall short of the commentary, you should work through the relevant section of the tutorial material thoroughly again. The commentary contains the minimum amount of information that we expect in your assignment answers. It is also a good indication of what we expect from you in similar questions in the examinations.