Question 1:
Arizona and Derek married each other in terms of the
Civil Union Act on the 1st day of April 2012. The ceremony took
place at Giant’s Castle in the Drakensberg. At Arizona’s bridal shower (prior
to the marriage) she slept with her ex-boyfriend, George (a declared prodigal).
Shortly after the wedding Derek was offered a two year employment contract at the
SOS Hospital in his hometown of Lucerne, Switzerland. Arizona, a trauma doctor,
just signed a two year contract with ‘From Zero to Hero Adventure Sports’. It
was agreed that once Arizona completed her contract with ‘From Zero to Hero
Adventure Sport’, she would join Derek in Switzerland. Derek left for Lucerne,
unknowing that Arizona was pregnant.
‘From Zero to Hero Adventure Sports’ partnered with The
Big Blue CC and asked Arizona to do an assessment on the impact free diving may
have on a person’s lung functions. Arizona partook in the assessment by diving
to a depth of 150 metres. After the dive Arizona started experiencing
difficulty in breathing. She was airlifted to the nearest hospital where she
was informed that she was expecting twins and that one of the foetuses has suffered
an oxygen deficiency.
Arizona informed Derek that she was pregnant. During
the telephonic conversation with Derek, Arizona informed Derek that the George
may be the father of the twins. Despite being outraged at the possibility that
George may be the father of the twins, Derek chartered an aeroplane to fly to
the Drakensberg. As the plane entered South African airspace, the plane
disappeared. A few months later Arizona gave birth to a mentally handicapped
daughter, Lexi whilst Avery (the foetus that suffered an oxygen deficiency)
only managed to live for two minutes after delivery. Due to Lexi’s disability,
Arizona decided to relocate to Cape Town where Lexi could receive the necessary
medical care.
Answer the
following questions based on the aforementioned set of facts.
1.1 Considering section 12(2) of the
Constitution of South Africa 1996 providing for “everyone’s right to bodily and psychological integrity” as well as
section 40 of the Children’s Act 38 of 2005, does George have the right to
request that Arizona or Lexi to undergo blood tests. In addition what would be
the requirements should Arizona have terminated the pregnancy in the second
trimester of her pregnancy? Reference must be made to legislation and case law
in substantiating your answer. (20)
1.2 Should Arizona want to marry George and
taking into account the fact that she is still legally married to Derek, advise
and explain to her the possible remedies available to her to enable her to
marry George. (20)
1.3 If George, whilst under the influence of
alcohol, commits murder and he then flees to Nigeria and does not intend to return RSA, is he
domiciled in RSA or Nigeria? In addition, explain what affect intoxication may
have on George’s legal capacities. (20)
1.4 If Arizona was a single woman that had a child as a result
of artificial fertilisation, would the child be born from married or unmarried
parents? Substantiate your answer with reference to case law. (20)
Question 2:
Donald,
a 17-year old minor, lives and works in Pretoria while his parents live in Cape
Town. He has a bank account in which his salary is deposited, and he fully
supports himself. He rents a flat from Fred and pays his rent monthly by
cheque. The last two cheques were dishonoured when they were presented for
payment. Donald refuses to pay for the rent because he is a minor and therefore
does not have capacity to contract.
2.1 Fred now approaches you for advice. Advise
him with reference to authority. (10)
2.2 Suppose Donald concluded a sale agreement
with the assistance of his or her
guardian
and the contract were prejudicial to him. What remedy can Donald use to escape
contractual liability and what can be recovered with this remedy? (10)
THE END
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