IRM1501 ASSIGNMENT 2 SEMESTER 1 FOR 2022-
INTRODUCTION TO RESEARCH METHODOLOGY.
90% AND ABOVE. DISTINCTION GUARANTEED.
QUALITY WORK WITH FOOTNOTES AND
BIBLIOGRAPY.
Find and summarise the case of Mans v Mans (CCT95/19) [2020] ZACC 09 by
highlighting the facts of the case, legal question, the reasons for the decision or
ratio decidendi and the final decision of the court.
Facts of the case
This is the appeal case from the Supreme Court of Appeal where the applicant appeals
against a judgment and order of the Supreme Court of Appeal on a matter concerning
contractual freedom of married persons. 1 More particularly, it concerns the validity and
enforceability of a postnuptial agreement entered into by the parties during their
marriage, without court supervision, which the applicant requested in order to “allay her
fears of insecurity in the event of a divorce”. Mr and Mrs Mans were married to each
other out of community of property with the exclusion of accrual system. The antenuptial
was registered in their marriage.2
The applicant (Mrs Mans) drafted a document purporting to be postnuptial agreement
where the terms were that the respondent (Mr Mans) would set aside the antenuptial
contract; the applicant would be entitled to half of the respondent estate and that the
respondent would pay her maintenance.3 Sadly, the respondent refused to counter-sign
the agreement on the honest belief that they owned separate estates. 4 Because of such
refusal, the respondent was met with threats, duress, coercions and undue influences
1
Mans v Mans (CCT95/19) [2020] ZACC 09.
2
Mans v Mans.
3
Mans v Mans.
4
Mans v Mans.
INTRODUCTION TO RESEARCH METHODOLOGY.
90% AND ABOVE. DISTINCTION GUARANTEED.
QUALITY WORK WITH FOOTNOTES AND
BIBLIOGRAPY.
Find and summarise the case of Mans v Mans (CCT95/19) [2020] ZACC 09 by
highlighting the facts of the case, legal question, the reasons for the decision or
ratio decidendi and the final decision of the court.
Facts of the case
This is the appeal case from the Supreme Court of Appeal where the applicant appeals
against a judgment and order of the Supreme Court of Appeal on a matter concerning
contractual freedom of married persons. 1 More particularly, it concerns the validity and
enforceability of a postnuptial agreement entered into by the parties during their
marriage, without court supervision, which the applicant requested in order to “allay her
fears of insecurity in the event of a divorce”. Mr and Mrs Mans were married to each
other out of community of property with the exclusion of accrual system. The antenuptial
was registered in their marriage.2
The applicant (Mrs Mans) drafted a document purporting to be postnuptial agreement
where the terms were that the respondent (Mr Mans) would set aside the antenuptial
contract; the applicant would be entitled to half of the respondent estate and that the
respondent would pay her maintenance.3 Sadly, the respondent refused to counter-sign
the agreement on the honest belief that they owned separate estates. 4 Because of such
refusal, the respondent was met with threats, duress, coercions and undue influences
1
Mans v Mans (CCT95/19) [2020] ZACC 09.
2
Mans v Mans.
3
Mans v Mans.
4
Mans v Mans.
