HFL1501
First semester of 2024
Assessment 6: QUESTIONS
Answer the following questions based on your understanding of the HFL1501 study
material:
QUESTION 1
1.1 Read the following statement and answer the question that follows:
“South Africa has an uncodified legal system.”
In your own words, discuss how this fact impacts on a lawyer who is searching for a
remedy with regard to a legal question. (4)
When a lawyer is searching for a remedy regarding a legal question, the fact that they are
dealing with the rights of parents of children conceived through surrogacy can have
significant implications. This fact indicates that the lawyer must consider complex legal
issues surrounding surrogacy, such as parental rights, contractual obligations, and
constitutional protections. Additionally, the historical approach means that the lawyer must
analyze how surrogacy laws have evolved over time, including any relevant case law or
legislative changes. This approach requires a thorough understanding of the historical
context in order to effectively argue for the rights of the parents involved.
First semester of 2024
Assessment 6: QUESTIONS
Answer the following questions based on your understanding of the HFL1501 study
material:
QUESTION 1
1.1 Read the following statement and answer the question that follows:
“South Africa has an uncodified legal system.”
In your own words, discuss how this fact impacts on a lawyer who is searching for a
remedy with regard to a legal question. (4)
When a lawyer is searching for a remedy regarding a legal question, the fact that they are
dealing with the rights of parents of children conceived through surrogacy can have
significant implications. This fact indicates that the lawyer must consider complex legal
issues surrounding surrogacy, such as parental rights, contractual obligations, and
constitutional protections. Additionally, the historical approach means that the lawyer must
analyze how surrogacy laws have evolved over time, including any relevant case law or
legislative changes. This approach requires a thorough understanding of the historical
context in order to effectively argue for the rights of the parents involved.
