Search & Filtering
(a) In a delict, the element of fault can exist as either intention or negligence.
(b) “Damage” can mean that a person can suffer both patrimonial loss and injury to personality.
(c) The word “damages” refers to the harm suffered by a victim.
[1] All the statements are correct. [2] All the statements are incorrect. [3] Only statements (a) and (b) are correct. [4] Only statements (a) and (c) are correct. [5] Only statements (b) and (c) are correct
Law of Succession
Question 1
Wanda and Xavier were married out of community of property with the accrual system. Wanda died intestate and left her husband, Xavier, as well as the following surviving relatives:
Her son, Ben. Ben was born out of wedlock from a relationship she had before she got married.
Her daughter, Francis, born from her first marriage to Yoda. Francis refused to inherit from her mother.
Francis’ son Gerald. Her granddaughter, Dina, the daughter of her predeceased daughter Celeste, who was born from her marriage to Xavier.
Her son, Evert, born from her marriage to Xavier.
Her mother, Mary. Wanda’s estate is worth R500 000 and she is entitled to R100 000 accrual from Xavier’s estate.
Calculate how Wanda's estate is going to devolve, giving reasons for your calculations. If a relative will not inherit, explain why this is so.
Family Law
Mr and mrs monama married subject to the accrual system in 2010 and got divorce last week. When they married mr monama had a study debt of R10 000 and no assets while mrs monama had cash savings in the amount of R10 000 and no debts.mrs monama's cash savings were declared in the spouses antenuptial contract. Suppose that according to the weighted average of the consumer price index, the money was worth twice as much as the commencement of the marriage as at its dissolution
2. What amount must be used as the commencement value of mrs monama's estate at the time of the divorce? Briefly explain
Family Law
Question 1 Mr and Mrs Sisulu entered into a civil marriage subject to the accrual system ten years ago. Mrs Sisulu resigned from her job as a teacher after the Sisulus’ only child, Lerato, was born. Lerato lives with severe physical and mental disabilities and requires constant care, which Mrs Sisulu provides to her. Lerato is eight years old now. The Sisulus live in a house Mr Sisulu inherited from his father. The house has been extensively adapted to accommodate Lerato’s needs. Two weeks ago, Mr Sisulu discovered that Mrs Sisulu has been having an affair with the father of one of Lerato’s school friends. Mr Sisulu has instructed Mrs Sisulu to move out of the matrimonial home with immediate effect. Fully advise Mrs Sisulu whether Mr Sisulu may eject her from the house.Very important: Your answer to Question 1 will be evaluated according to the following marking rubric: Evaluation criteria . Identifying the problem. Discussing the relevant law applicable to the problem
Family Law
Mr and Mrs Sisulu entered into a civil marriage subject to the accrual system ten years ago. Mrs Sisulu resigned from her job as a teacher after the Sisulus’ only child, Lerato, was born. Lerato lives with severe physical and mental disabilities and requires constant care, which Mrs Sisulu provides to her. Lerato is eight years old now. The Sisulus live in a house Mr Sisulu inherited from his father. The house has been extensively adapted to accommodate Lerato’s needs. Two weeks ago, Mr Sisulu discovered that Mrs Sisulu has been having an affair with the father of one of Lerato’s school friends. Mr Sisulu has instructed Mrs Sisulu to move out of the matrimonial home with immediate effect. Fully advise Mrs Sisulu whether Mr Sisulu may eject her from the house.
Mary went for an interview and signed a letter of employment, a few days later she received a letter of acceptance, she resigned from her job in durban and sold her house in durban and moved to Johannesburg where the job is, however she received a letter stating that they made a mistake by sending her the letter of acceptance it was suppose to be send to another qualified candidate. Apply the indirect approach of the courts and refer to relevant case law, do not apply the consumer protection act68 of 2008
Answer the following questions that deal with domicile:
(a) Peter, a thirty-year-old male, has been living in Johannesburg since his birth. However, last year he was convicted of murder and is now serving a life sentence in Durban. Where is he domiciled? Provide authority for your answer. (2)
(b) Patricia, who is 27 years old, was born in Cape Town where she lived until she was involved in a serious car accident at the age of 25, as a result of which she became mentally incapacitated. Thereafter her parents, who now live in East London, sent her to live in a facility in George where she receives special care. She has been living there for the past two years. Where is Patricia domiciled? Provide a reason for your answer. (2)
Katlego, who is fifteen years old, is 19 weeks pregnant. She visits Dr Coleman, the local medical practitioner, to find out about termination of the pregnancy. Answer the following questions:
(a) She does not want to tell her parents about the pregnancy. May Dr Coleman terminate the pregnancy without her parents’ consent? Provide a reason for your answer. (2)
(b) Katlego tells Dr Coleman that the pregnancy is the result of her being raped by a family friend, and that she does not want to have the baby. However, Dr Coleman is concerned that the pregnancy is quite advanced. May he proceed with the termination under these circumstances? Provide a reason for your answer. (2)
(c) Katlego’s friend has told her that the foetus has constitutional rights that have to be considered before termination can take place. Briefly discuss this with reference to authority. (3)
Allison, a pregnant woman, was involved in a serious car accident last month. Her child, Zoe, was born three days after the accident with brain damage. Allison now wants to sue the Road Accident Fund, as she believes that the brain damage was caused by the accident. Will she be able to lodge a claim on behalf of a child who had not been born at the time of the accident? Provide authority for your answer.
Thomas passed away last week without leaving a will. At the time his wife, Synthia, was pregnant. Consider each of the following scenarios and answer the questions: (a) Suppose that the child died in the nursery three hours after her birth. Does Synthia have to register the birth of the child? Provide a reason as well as authority for your answer. (3) (b) Suppose that the child died a day after the birth. Will the child be able to inherit from Thomas’ estate? Explain your answer in a brief paragraph.
