Monday, 6 March 2017

Assignment 1


Assignment 1: 2017

 

Please draft a table in which you briefly discuss:-

-        The definition;

-        The capacity to act;

-        The capacity to litigate;

-        The capacity to be held accountable for crimes;

-        The capacity to be held liable for delicts;

In respect of the following circumstances:-

-        A person that is unable to manage his own affairs;

-        A person under the influence of alcohol;

-        A prodigal;

-        A person declared insolvent.

 

This assignment is for your benefit and should therefore be your own work. Students will be asked to present their tables during class on the 16th instant.

 

 

Wednesday, 30 November 2016

Study Guide 2017


Description: uzcrest

 

FACULTY OF COMMERCE ADMINSTRATION & LAW

DEPARTMENT OF LAW

 

 

COURSE OUTLINE

 

 

Module Title
 
LAW OF PERSONS
 
Module Code
 
LPLP101
 
Programme in which the module is offered
LLB DEGREE
Year of offering
 
FIRST YEAR
 
SAQA Credits
 
16 CREDITS
 
NQF level
 
LEVEL 5
 
Name of Lecturer / Lecturers
MRS L RAMACCIO CALVINO

 

                       


 

 8 November 2016

Dear Student

Welcome to the module LPLP 101. This module is only offered in the first semester of the academic year and is a mandatory module for all first year LLB students. LPLP 101 has no prerequisites and is a stand-alone module.  

This module forms part of private law and deals with the legal relationships between individuals. It explains which entities are legal subjects, when legal responsibility begin and ends, what legal status involves, and what effect various factors( such as extra-marital birth, minority, and mental incapacity) have on a person’s legal status.

The module content is of such a nature that it introduces law students to the basic concepts and principles of law. It is also imperative that students understand the fundamentals of law of persons to successfully execute their responsibilities as a legal practitioner and as such the module includes a skills component that would require a student to apply the theoretical knowledge acquired in this module to problem solving through legal thinking and analysis.     

In order to successfully complete this course, it is therefore assumed that students should:

·       Be capable of communicating competently in written and spoken English;

·       Be able to work/study independently by reading, extracting and analysing relevant information from various sources of law;

·       Access resources, especially the library and electronic resources;

·       Apply legal problem-solving techniques;

·       Follow appropriate legal referencing conventions in written work.

From a teaching perspective, this module will afford students the chance to develop their potential through participation in class discussion and individual assessment. The teaching method will therefore be interactive rather than lecturer-focused. Students that actively participate in-class problem solving shall be considered for the annual moot court competition held in Bloemfontein.

As future lawyers/magistrates/advocates or judges, LLB students will at all times be expected to act in an accountable and ethical manner. LLB students are accordingly expected to familiarise themselves with the student disciplinary code of the University of Zululand and act with the necessary decorum that can be expected from a law student. The department will under no circumstances tolerate copying or plagiarism. Students are furthermore expected to attend classes on time, attend tutorial classes, and submit work timeously. In the event of a student not writing an assessment or submitting an assignment on a specific date, a student must submit a doctor’s letter or death notice which will be considered in affording the student an alternative test or form of assessment.   

Best of luck with your studies!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TABLE OF CONTENTS

                                                                                                              Page

 

1.     DEFINITION OF TERMS                                                                         5

2.     MODULE PURPOSE                                                                               6

3.     GENERIC OUTCOMES                                                                           6

4.  SPECIFIC OUTCOMES                                                                           6

4.     TOPICS WITH SCHEDULING                                                                 7

5.     NOTIONAL HOURS                                                                                 13

6.     CONSULTATION TIMES                                                                         14

7.     MODE OF DELIVERY                                                                              14

8.     ASSESSMENT PROCEDURES                                                               15

9.     ASSESSMENT CRITERIA                                                                        19

10. PRESCRIBED READINGS AND RECOMMENDED READINGS             20

11. MATERIALS NEEDED FOR THE MODULE                                             21

12. ANNEXURE”A”                                                                                          22

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. DEFINITION OF TERMS

COURSE OUTLINE/SCHEME OF WORK/MODULE OUTLINE: Course/Module outline/Schemes of work represent a contract between the lecturer and student stipulating the requirements for each course: its aims, learning outcomes, course requirements and assessment.

LEARNER/STUDY GUIDE: A learner/study guide helps in organising lecture notes and textbook material so that students can increase their comprehension and memory of large amounts of information. Specific outcomes on topics covered, the summary of content, as well as revision questions are included.

TUTORIAL: A tutorial is an interactive method of transferring knowledge in the learning process. A tutorial seeks to teach by example and supply the information to complete a certain task.

PRACTICAL: A practical is a lesson in which theories and procedures learned are applied to the actual making or doing of something.

FORMATIVE ASSESSMENT: The goal of formative assessment is develop and monitor student learning to provide ongoing feedback that can be used by lecturers to improve their teaching and by students to improve their learning.

SUMMATIVE ASSESSMENT: The goal of summative assessment is to evaluate student learning at the end of an instructional unit by comparing it against some standard or benchmark.

GENERIC OUTCOMES: These are critical cross-field outcomes that inform all teaching and learning as stipulated by SAQA Regulations. 

Each module should enable students to:

·       work effectively as individuals and with others as members of a team;

·       organise and manage themselves and their activities responsibly and effectively;

·       identify and solve problems and make decisions using critical and creative thinking;

·       collect, analyse, organise and critically evaluate information;

·       communicate effectively using visual, symbolic and/or language skills in various modes;

·       use science and technology effectively and critically showing responsibility towards the environment and the health of others; and

·       Demonstrate an understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation.

SPECIFIC/MODULE OUTCOMES: Learning outcomes are statements of what students will learn in a lecture. Each lecture has its specific outcomes. The statements are focused on student learning.

 

2.       MODULE PURPOSE

Law of Persons forms part of private law, and is concerned with the determination of legal subjectivity, the rights and duties associated with legal personality, and issues of legal status.

 

Therefore the purpose of the module is:

·       To provide students with an insight into the content, development and scope of the Law of Persons;

·       To familiarise students with the concept of legal personality, how this begins and ends, what it entails, and the rights and duties associated with it;

·       To introduce students to the legal principles that affect legal status, such as domicile, age, insanity, etc.

·       To examine the influence and impact that the Constitution of the Republic of South Africa, 1996 has on the Law of Persons;

·       To introduce students to the sources of the current Law of Persons and to assist students in extracting principles from these sources;

·       To assist students with the legal concepts and terminology commonly encountered in the Law of Persons.

 

 

 

3.       GENERIC OUTCOMES

 

It is intended that students will be able to:

·       organise and manage themselves effectively;

·       collect, understand and analyse information from various sources of law, in addition to information conveyed in the lecture room;

·       recognise problem-solving contexts involving the Law of Persons;

·       identify and solve problems;

·       communicate effectively, both in class and through written work;

·       Develop independent research skills, including the use of technology for legal research.

 

 

4.       SPECIFIC OUTCOMES

 

It is intended that by the end of the course, students will be able to:

·       Show an in-depth understanding of the basic principles that underlie the Law of Persons, such as the beginning and the end of legal subjectivity, and the implications of various factors affecting a legal subject’s status;

·       Understand and appreciate the influence of Constitutional principles on the Law of Persons, and how the courts have harmonised these with common law principles;

·       Explain the utility of the Law of Persons;

·       Evaluate the laws governing the Law of Persons;

·       Apply the knowledge gained during the course to solve practical problems arising from personality rights.

 

 

 

5.       TOPICS WITH SCHEDULING

 
Module
 
Scheduled
date
1

Learning Objectives:
  • Be able to explain what law of persons relates to;
  • Be able to explain the different kinds of legal subjects;
  • Understand and explain the concept monstrum;
  • Be able to list the entities that are recognised as juristic persons in South African law.
 
Text:
Chapter 1
 Week 1
6-10 Feb 2017
2

Prescribed Case law:
Ex parte Boedel Steenkamp (casebook 1); Christian Lawyers Association of SA v The Minister of Health (casebook 3); RAF v M obo M (casebook 2); Christian Lawyers Association v Minister of Health (casebook 4); Re Beaglehole (casebook 5); Ex Parte Kannemeyer; Ex Parte Pieters (casebook 6).
Learning Objectives:
  • Be able to list the legal requirements for the beginning of legal personality;
  • Be able to explain how it is determined when a child is born alive after birth;
  • Define the concept “viability” and explain if it is a requirement for the beginning of legal personality;
  • Briefly summarise the relevant sections of the Births and Deaths Registration Act, act 51 of 1992 that deal with the registration of births.
  • Define nasciturus fiction;
  • Discuss the requirements for the fiction to come into operation;
  • Discuss the interests in respect of which the fiction has been applied in our law;
  • Consider the question whether the nasciturus is a legal subject;
  • Differentiate between the nasciturus fiction and rule;
  • Explain how the moment of death is determined and how death is proved;
  • Discuss the common-law as well as the statutory presumption of death orders;
  • Explain the effect of a presumption of death order;
  • Discuss the presumption regarding the sequence of death;
  • Explain the procedure in registering a death and the duty to bury.
Proposed questions:
  • Analyse whether the umbilicus cord must be severed for birth to be completed;
  • Explain how it is determined whether a child lived after birth;
  • Heaton is of the opinion that viability is not a requirement for the beginning of legal personality. What objections does she have to this requirement;
  • Discuss the relevant legal principles and their application with reference to authority;
  • Apply the nasciturus fiction principle to a given set of facts with reference to authority;
  • Differentiate between testate and intestate succession;
  • Explain whether a women’s right to have her pregnancy terminated infringes on her unborn child’s right to life;
  • Mr X has been missing for 10 years. What can Mrs X do to finalise her husband’s estate and will Mrs X be able to get re-married;
  • What is the effect of a presumption of death expressed in terms of sec 18 of the Inquest Act, act 58 of 1959?
Text: Chapters 2
 
 Week 1 & 2
13-17 Feb 2017
3

Status & Domicile
Learning Objectives:
  • Understand what is meant by status, legal capacity, capacity to act, capacity to litigate and capacity to be held accountable for crimes and delicts;
  • Explain the concept domicile and the importance of domicile and the general principle governing domicile;
  • Identified the different kinds of domicile and apply the principles to a given set of facts with reference to authority.
Proposed Questions:
  • List the different components of the definition of domicile;
  • Can a person relinquish his previous domicile before acquiring a new domicile?
  • What is the courts understanding of “permanently” resident?
  • John is 6 years old and stays in Soweto with his mother. Where is John domiciled?
  • Can a prohibited immigrant acquire a domicile of choice in the country where he is unlawfully present?
 
Text: Chapters  3 &4
 Week 3 & 4
20-3 March 2017
 
 
 
 
 
 
 
 
 
Assessment 1
 
4

Case Law:
J v Director General, Department of Home Affairs ( casebook 15); M v R (casebook 19); S v L ( casebook 20); F v L; Fraser v Children’s Court, Pretoria North (casebook 22); Motan v Jooste ( casebook 23); Petersen v Maintenance officer ( casebook 24).
Learning Outcome:
  • Explain the concept “ child born of unmarried parents”;
  • Identify the categories of children born of unmarried parents recognised by our law;
  • Explain the status of a child conceived by artificial fertilisation;
  • Explain the presumption of paternity that exist in terms of married and unmarried fathers;
  • Explain the rebuttable presumptions in respect of paternity.
  • Explain the legal relationship between a child and his unmarried parents;
  • Explain the ways in which the status of a child can be changed.
 
Proposed Questions:
  • Mr and Mrs X are married. Mrs X has an extra-marital affair with Mr Y and a child (Z) is born as a result of same. Who is responsible for maintaining Z?
  • What do you understand by exception plurium concubentium?
  • With reference to case law explain whether a court can compel adults and children to undergo blood and tissue tests;
  • Explain the parental rights and responsibilities in respect of a child born of an unmarried mother.
 
Text: Chapters  5
 Week 5
6-10 March 2017
5

Case law:
Edelstein v Edelstein (casebook 32); Louw v MJ & H Trust (casebook 31); Wood v Davies (casebook 33); Dickens v Daley (casebook 39); Watson v Koen (casebook 42).
Learning Outcome:
  • Explain how the Constitution and the Children’s Act protect the rights of children;
  • Define the following concepts: agreement, contract, contractual liability, obligation, civil obligation, natural obligation, unilateral contract, reciprocal contract;
  • Explain what is required before a person acquires capacity to perform a valid juristic act;
  • Differentiate between an infant and a minor;
  • Explain how a minor may ratify a contract which he concluded without assistance of his guardian and the effect of ratification;
  • Explain when a minor’s guardian can be held personally liable and explain statutory exceptions to the rule that a minor cannot incur contractual liability without the assistance of his guardian;
  • Explain the position in the case where a minor has claimed to have had capacity to enter into a contract;
  • Explain unjustified enrichment and how the remedy operates in the case of contracts between minors, acting without assistance;
  • Explain restitution in integrum;
  • Explain whether a minor can be a witness to a will, make an agreement other than a contract, marry, receive medical treatment, hold office or can be held liable for crimes and delicts;
  • Explain under what circumstances minority terminates;
  • Define the concept emancipation, and differentiate between express and tacit emancipation;
  • Explain whether an emancipated minor can claim restitutio in integrum?
Proposed Questions:
  • Do restrictions on a minor’s capacity amount to unfair discrimination on the ground of age?
  • Discuss Sec 28 of the Constitution as well as the provisions of the Children’s Act that protects the rights of children;
  • Explain the legal principles that deal with the capacity to litigate and delictual and criminal liability of the infant and apply the principles to a set of facts;
  • Explain the general rule of a minor’s capacity to enter into a contract and explain the juristic consequences of a contract which a minor has concluded without the assistance of his guardian;
  • Can an antenuptial contract which was concluded by an unassisted minor be ratified? 
  • Suppose Pete (16 years old) buys a motorbike for R2000 from Dan (a major), without the necessary assistance of his guardian. The motorbike is worth R1500-00. After Dan delivers the motorbike, Pete refuses to pay him. Pete sells the motorbike for R1000 on 3 March. Dan institutes a claim against Pete on the ground of unjustified enrichment on 20 March.  Discuss what amount Pete is liable for.  Suppose Pete sold the bike on 30 March, what amount would he be liable for? Suppose the motorbike was stolen on 10 March, what amount would he be liable for?
  • Explain restitution in integrum where a minor can escape contractual liability;
  • Does venia aetatis still exist in SA law – motivate your answer;
  • Can a minor’s guardian revoke emancipation?
  • On whom does the onus of proving tacit emancipation rest?
 
Text: Chapters  6
 Week 6 - 9
13-21 April 2017
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Assessment 2
6

Learning Objectives:
  • Explain how mental illness effects a person’s status;
  • Explain the procedure in declaring a person mentally ill in terms of the Mental Health Care Act, act 17 of 2002 as well as the rights of mental health care user’s in terms of the Mental Health Care Act.
Proposed Questions:
  • How does the Supreme Court of appeal define mental illness?
  • How is mental illness proven?
  • What effect does mental illness have on a person’s status;
  • Does the mere fact that a curator bonis has been appointed to administer a mentally ill person’s estate mean that the person has no capacity to act, even during a lucidum intervallum? Refer to authority in substantiating your answer.
 
Text: Chapters  7
Week 10
24-28 April 2017
7

Learning Objectives:
  • Explain how a person’s inability to manage his own affairs affects his capacity to act;
  • Explain how intoxication affects a person’s capacity to act.
Proposed Questions:
  • Explain how a person’s inability to manage his own affairs owing to physical or mental disability affects his status.
  • Explain how intoxication can affect a person’s capacity to act.
 
Text: Chapters 8&9
 
 Week 11      
1-5 May 2017
8

 
 
 
 
 
 
9.
 
Learning Objectives:
  • Explain the procedure in having a person declared a prodigal and how a declaration of prodigality affects a person’s status;
  • How does insolvency affect a person’s status?
Proposed Questions:
  • What do you understand by “prodigal”?
  • Are the limitations placed on prodigals unconstitutional, motivate your answer by referring to authority.
  • Explain the effect that sequestration of a person’s estate has on his status.
Ethical Considerations
Learning Objectives:
·        Taking into consideration the sensitivity of the matter, explain how a lawyer/advocate would conduct a consultation with a client or family member relating to the following scenarios:-
-        A biological parent that consult on the issue of beginning of life and whether such a parent has the right to have  a burial in respect of a still born child;
-        A family member that consult on the issue of whether or not to have a relative declared presumably dead;
-        A minor child consult on the issue as to whether or not he/she have a right to medical care, medical information, treatment without the guardian’s consent;
-        A minor child consult on the issue as to whether the right to termination of pregnancy infringes on a person’s right to life;
-        An alcoholic or substance dependant person consult on the procedure in appointing a curator;
-        A family member consult in respect of the procedure in having a mentally ill relative institutionalised;
-        A family member consult on having a relative declared a prodigal person.
 
 
 
REVISION
Text: Chapters  10 & 11
 Week 12 & 13
8-19 May 2017
 
 
 
 
 
 
 
 
 
 
 
Week 14
22-26 May 2017
 
10.
Examination
Chapters 1-11
As per the Examination Schedule

 

 

6.       NOTIONAL HOURS

LPLP 101 will be lectured three times a week. Kindly refer to the official time table in this regard.

 

In addition to the national hours allocated in terms of the timetable, students are expected to spend additional learning hours that are used for the learning activities and assessment of the module such as lectures, tutorials, practicals, presentations, independent study etc. 

 

 

7.       CONSULTATION TIMES

Difficulties experienced in respect of this module or queries relating to assessments/assignments may be discussed with me during consulting hours. I can be consulted during the consulting hours as displayed on my office door, room 309, Block D 3rd Floor. In case of an emergency I may be contacted at 035-9026335. Please adhere to the consultation hours!

 

8.       MODE OF DELIVERY

 

The course is taught by Mrs L Ramaccio Calvino. It has been divided into specific topics which will be covered in the form of viva voce lectures. These lectures will comprise of a discussion of the law as contained in textbooks, case law and legislation.

 

Students are expected to read ahead of the next lecture so that they may participate in the lecture and solve legal problems either individually or in groups. There will also be compulsory tutorial sessions every week during the semester for revision, problem scenarios and preparation of exams and tests. There is no comprehensive handout for the course and as such, students will be expected to take their own notes during lectures and to supplement these notes with readings provided in the course outline. It is expected that students assume responsibility for their own learning by independent study according to the guidance provided by the detailed course outline. Feedback for assignments and tests will be given during class.

 

9.       ASSESSMENT PROCEDURES

It is the responsibility of the student to ensure that he/she is registered for the correct module prior to the date of the first assessment. Only registered students’ scripts will be marked and the mark captured.

Students will be assessed by way of formative and substantive assessments.

The formal assessments will comprise of two written assessments as well as an end-of-semester examination. The two assessments and /or any assignments will count towards 50% of the module mark. The assessments may consist of the following assessment methods:-

Multiple Choice Questions
Select the correct answers
Short Answer Questions
Short, usually descriptive, qualitative, answers that may consist of one word answers to over a page answers.
Essays
Written work in which students state an argument supported by evidence

 

PLEASE NOTE that if a student has not written BOTH assessments he/she has to submit a doctor’s letter or proof of a death in the family within 14 days after the date of the assessment and write the 3rd assessment test. 

A minimum semester mark of 40% will be a pre-requirement for being allowed to write the final examination

The final examination will count towards the other 50% of the final module mark.

A student that obtains a mark of 40-49% should be entitled to a re-assessment examination. It is the student’s responsibility to ascertain from administration whether he/she qualifies for a re-assessment examination. Students that did not write the final examination due to a death in the family or illness need to apply at administration to write an aegrotat examination. The re-assessment and aegrotat examinations will be written shortly after the conclusion of the examination period for that academic year. Students that do not write the aforesaid examination will forfeit the opportunity to re-assess the module.

All assignments must be done by using Arial as a font, 12 point font, 1.5 line spacing. Sizes of pages and margins can be communicated to the student by the lecturer. Use the university approved assignment cover page. A copy of the assignment cover sheet is annexed hereto as Annexure “A”.

STUDYING AIDS

In studying this course you should also focus upon the learning objectives specified at the commencement of each module in the study book. They form the basis for your readings and revision of each topic.

Tutorials

Tutorials are mandatory for this module. At the beginning of the semester the registered students for the module will be divided into tutorial groups. Each group will be appointed a tutor, whom will keep a register of each tutorial class. During tutorials tutorial questions will be discussed and revision will be done to assist students in understanding the module content. As indicated before, tutorial questions may also be marked and such marks may be used in calculating the semester mark. Please use tutorials professionally and with the intention of increasing your knowledge of the subject matter. Tutorials will be delivered in accordance with each tutor’s tutorial slots.

Examination techniques


The formal examination requires you to demonstrate your learning to the lecturer. If you have followed these suggestions about studying, you will be well on your way to success. Here are a few additional points to help you with your exams.

Preparing for examinations

It is a good idea to begin revising the semesters materials at least two or three weeks before the examination. That way, you have time to put in a bit of extra effort on areas you are not quite certain of. Here are some extra points to help you.

·       Revise your notes.

Go over the notes you have made for yourself during your study. Make sure that you see the relationship between the key points that you have written down, and the related details.

·       Get together.

If possible, get together with others studying the same course. Discuss each point. Quiz each other.

·       Review past examination papers.

You can use same as a trial run to get an idea of working within a strict time limit. Past examination papers may give you an idea of the kind of questions that might be asked. But dont place too much emphasis on them as lecturer can ask different styles of questions.

·       Review assignments.

Go over previous assessments / assignments. If you didnt do well, look at the lecturers comments/feedback to find out where you went wrong.

·       Get to bed in good time.

Dont stay up revising all of the night before the exam. Get a good nights sleep so that you are alert and at your best. And dont skimp on meals before the exam. Mental exertion is just as dependent on a healthy body as is physical exertion.

·       Confirm examination mode.

Come prepared with all necessary equipment.

·       Be committed.

Try to build your study plan around fixed time commitments the time that you must give to your essential daily activities such as family, eating and sleeping, recreation and leisure.

·       Be realistic

Try to be realistic in planning your study time. You will probably have to give up some of the things you do to make time for study. On the other hand, most people need recreation, and find it easier to stick to a schedule if they specifically include time for sport, leisure, or other relaxation.

·       Study every day

Study is easier if you spread the work out, rather than trying to cram it all into one or two days. Also, research has shown that you learn better and remember more if you spread out your studying.

·       Your concentration span

 Most people find that it is difficult to concentrate for long periods. If you must study for a long period of time, be sure to take a break every hour for a few minutes.

·       Your study timetable

Find out what time of day you study best. Some people are most alert early in the morning, some in the afternoon and others late at night. For example, if you are a morning person, try to schedule an hour or two of study in the early morning before you go to work, or before the rest of the family is out of bed.

·       Set realistic goals

But set goals! Before you begin a study period, decide what it is you intend to accomplish. It may be to summarise one chapter, to write two pages of an essay. And give yourself a pat on the back when you have completed your assigned task.

·       Set good habits

Get in the habit of beginning work as soon as you sit at your study table. Do not use part of your study time for other things, such as straightening your room or alphabetising your books.

·       Review your work

At the end of each study period, review the work that you have done, and if necessary modify your study plan. At the end of each week, plan your timetable for the week ahead.

·       Study Strategies

Studying refers to all that you do in order to learn something. Here are some suggestions to help you study effectively.

·       Be active

Be actively involved with the things that you are trying to learn. For example, write key points in your own words. Try to relate your study to your own experience, whether it be at home, or elsewhere.

·       Avoid compartmentalisation

Try to see the relationships among different modules in a course, and different courses in your program. The more you seek for and find connections among the things that you study, the more sense they will make and the easier they will be to remember.

·        Use memory aids: List the major points in each module of a study book or chapter of a textbook. These major points form the framework of the course. If you understand the framework, you will find it easier to remember the details. Some students write important points on cards and go through them from time to time. Others write a detailed outline and pin it up on a wall by their study table. Such visible reminders are a simple and efficient way to help you memorise basic facts.

o   Form study groups: Form a study group with other students. Ask for help or to get a fresh point of view. You will find that trying to explain something to another person is one of the very best ways to learn it yourself.

 

In your examination


·       Time planning

Just as you plan how you will use your weekly study time, so too should you plan your time in the examination. Here are some guidelines on how to use your time effectively in your examination.

·        Try to leave yourself sufficient time at the end of the examination to check over your work and make any last-minute corrections.

·        If all questions have equal weight, plan to take about the same amount of time with each one. If the questions have unequal weighting, spend more time on those questions with many marks, and less time on the ones with fewer marks.

·        In multiple choice questions, dont spend too much time on questions you cant answer easily or quickly. Go ahead and answer the others first, leaving yourself sufficient time to return to those that you are unsure of.

Hints on answering questions

·        Write legibly. Even with the best will in the world, a marker cannot give you credit if the writing cannot be read.

·        In answering essay questions, make certain that your essay is well organised and grammatically correct. It will pay dividends to spend a few minutes planning your essay before you begin writing.

·        Make sure that you answer the question asked. Underline the key words in the question, and underline the verb. This will help you to focus on the essence of the question.

 

10.     ASSESSMENT CRITERIA

 

 

Specific Outcomes
Assessment Criteria
Assessment Tasks
 
Students are expected to
develop:
 
Students must provide
evidence of competency in
the following ways:
Students may be expected
to:
1. Show an in-depth
understanding of the basic
principles that underlie the
Law of Persons.
 
Identify, explain and
critically analyse the
basic principles of the
Law of Persons.
Class discussion and questioning.
Problem and theory questions in class work and examination.
2. Understand and
appreciate the influence of
the Constitution on the Law
of Persons
Identify the key
constitutional provisions
that affect the Law of
Persons.
Explain the implications and effects of these provisions.
Analyse current constitutional reforms in the Law of Persons.
Class discussion and questioning.
Problem and theory questions in class work and examination.
3. Explain the utility of Law of
Persons.
Identify the role of the
Law of Persons, and explain its importance in everyday life.
Class discussion and questioning.
Problem and theory questions in class work and examination.
4. Evaluate the laws
governing the Law of
Persons.
Identify and find relevant
texts, judicial decisions,
journal writings and other
resources relevant to the
Law of Persons.
Explain these laws and analyse their adequacy.
Identify shortfalls and make suggestions for law reform.
Class discussion and questioning.
Problem and theory questions in class work and examination.
5. Apply the knowledge gained during the course to solve practical problems arising from personality rights.
Synthesise and integrate the knowledge gained in order to propose practical solutions to problems associated with the Law of Persons, and advise accordingly.
Class discussion and questioning.
Problem and theory questions in class work and examination.

 

 

           

11.     PRESCRIBED READINGS, AND ADDITIONAL (RECOMMENED) READINGS

The following books are the prescribed books for this module:-

 

·        J Heaton The South African Law of Persons (2008), 3rd edition, LexisNexis Butterworths: Durban is the prescribed text book for this module.

 

·        J Heaton Casebook on the South African Law of Persons (2008), 3rd edition, LexisNexis Butterworths: Durban.

 

 

The following books may be consulted for additional reading to further your knowledge of the subject matter:

 

·        H Kruger and A Skelton (Eds) The Law of Persons in South Africa (2010) OUP: Cape Town.

·        T Boezaart Law of Persons (2010) 5th edition, Juta: Cape Town.

·        JA Robinson et al Introduction to the South African Law of Persons (2008), 2nd edition, Printing Things: Potchefstroom.

·        B van Heerden et al Boberg’s The Law of Persons and the Family (1999), 2nd edition, Juta & Co: Cape Town

 

12.     MATERIALS NEEDED FOR THE MODULE

Except for the obvious stationery, this module does not require any additional materials.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Annexure “A”

 

Description: uzcrest

 

FACULTY OF --------------------------------------------------------------

DEPARTMENT OF--------------------------------------------------------

 

ASSIGNMENT COVER SHEET

Student Name
 
 
Student Number
 
 
Module Title
 
 
 
Module Code
 
 
 
Assignment Topic
 
 
 
 
 
 
 
Due Date
 
 
 
Name of Lecturer
 
 
Lecturer’s Remarks