2011 Exam paper

Question 1:

 

Mr Crane’s will contain the following clause: "My daughter, Amanda, inherits R90 000 and her children who are alive at the date of my death will each inherits R40 000. An amount of R10 000 is bequeathed to the SPCA." Mr Crane dies on 1 April 2009. As a result of the shock of his death, a pregnant Amanda is rushed to hospital on the 4^th day of April 2009 for an emergency C-section. Whilst the umbilicus cord is still attached, Amanda’s child, Pete, managed to breathe once before dying from heart failure. Amanda has two other children, Sam and Sarah. Substantiate each answer with reference to applicable case law and legislation.

 

1.1             In lieu of the facts which natural persons will inherit from Mr Crane?                     (5)

1.2             Would the position be different should Pete have been still born?                         (5)

1.3             Which provisions of the Births and Deaths Registration Act, Act 51 of 1992, will be applicable in respect of 1.1 and 1.2 respectively?                                                             (5)

             [15]

 

Question 2:

 

 

Anne and Ben, both unmarried, lived together for two years. When they separated, Anne was pregnant. She marries Jake and later gives birth to a son, John. Anne initially agreed that Ben could have contact with John. However, two years after John's birth, Anne refused to allow Ben any further contact with John.

 

2.1       What is the principle in terms of which it is presumed that Jake is the father of the child?                                                                                                                         (5)

 

 

2.2       Inform Ben on his parental rights and responsibilities in respect of John.               (5)

 

 

2.3       Will your answer to 2.1 be different if Anne had sexual relations with Ben and Jack respectively? Motivate your answer by referring to the concept exception plurium concubentium?                                                                                                  (5)

 

 

2.4       If Anne was married to another female, Arizona, and the child was conceived by means of artificial insemination, would the child be acknowledged as Arizona’s child? Reference must be made to case law in answering the question.                              (10)

 

 

2.5       Should Ann have wished to terminate her pregnancy, does the termination of the pregnancy in terms of the Choice on Termination of Pregnancy Act 92 of 1996 infringe on her unborn child’s right to life?                                                                       (5)

 

 

                                                                                                                                    [30]

 

Question 3:

 

Joey is 31 years old. She was living and working in Pretoria until she was retrenched last month. She is now living with her mother in Benoni until she finds a new job. Joey wish however to return to Durban, where she was born. In lieu of the requirements for domicile of choice, where is Joey domiciled?                                                                                             [10]

                                                                                                                                   

 

Question 4:

 

 

Derek Ahoy, an experienced sailor, has been missing for 20 years since he departed from Cape Town harbour on his voyage to Italy.  In answering the following questions make reference to case law or legislation where possible.

 

 

4.1       Can Mrs Ahoy remarry once the presumption of death order is granted?                (5)

 

 

4.2           Briefly outline the procedure involved in bringing a common law application for the   

        presumption of death with reference to case law.                                               (10)

                                                                                                                              [15]

 

Question 5:

 

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 dishonored 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. Fred now approaches you for advice. Advise him with reference to authority.                                                                                 (10)

 

 

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?                                                                        (5)

                                                                                                                                    [15]

 

 

 

Question 6:

 

 

Briefly explain how the following diverse factor/s may affect a person’s status:

 

6.1   A juristic act performed by a mentally ill person during a lucidum intervallum?             (3)

 

6.2 Physical disability to manage his/her own affairs.                                                       (3)

 

6.3 Intoxication.                                                                                                             (3)

6.4 Prodigality.                                                                                                              (3)

6.5 Insolvency.                                                                                                              (3)

THE END