PSR110 Jun2023

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FACULTY OF LAW
DEPARTMENT OF PRIVATE LAW
EXAM LAW OF PERSONS (PSR 110)
DATE 20 JUNE 2023
TOTAL 50 MARKS
DURATION 2 HOURS
EXAMINER MS M M’MEMBE
MODERATOR PROF SJ CORNELIUS
INSTRUCTIONS:
1. The paper consists of four (4) pages.
2. You must answer all the questions.
3. You must start each section on a new page.
4. You must refer to appropriate authorities and principles where applicable to substantiate
your answers.
5. Language and structure will be taken into consideration when evaluating your answers.
6. Answers must be presented in a clear, logical and coherent manner.
7. No results shall be made known telephonically or other than by the announcement thereof
on the appropriate notice boards.
8. Please consult clickup for details on the perusal.

SECTION A
QUESTION 1 [10 Marks]
Use the following clues to complete the crossword on ADDENDUM A
ACROSS
2. When a minor fraudulently misrepresents themselves as a major, it is submitted that
the most appropriate ground for liability is ________.
5. The ________ theory binds a minor to an agreement which, when entered into, was
more beneficial for the minor, even though they did not have the proper assistance.
9. A curator ________ will be appointed by court to act on behalf of mentally ill person.
10. ________ includes the administration of the minor's estate, assisting in instances
where there is limited capacity and giving consent to legal transactions.
DOWN
1. The duty to maintain is a ________ duty.
3. ________ is when someone is physically incapable of procreating.
4. Animals are considered legal ________.
6. The part of law which determines the content of rules and the rights and duties a
person may have.
7. This agreement legally comes into existence, but a party thereto can choose
whether or not they want the agreement to be void. They can, in other words, decide
to annul the agreement or keep it in existence.
8. An agreement (contract) which, in the eyes of the law, never came into existence.
Consider the table which describes the various sources of law in the South African
legal system. Use ADDENDUM A to fill in the names of the different sources based
on the descriptions given.
SECTION B
3.1 Define ratification (2)
3.2 Can Alfonzo ratify Mavis’ ante-nuptial contract? (2)
4.1 Mavis feels it is unfair that she needs to pay the deposit without receiving the
keys. What remedy available is to her? (1)
4.2 According to the remedy mentioned in 4.1, when will each of the parties need to
perform? (2)
5.1 Define emancipation (2)
5.2 Give a possible reason why one could argue that Lillian is not emancipated. Make
reference to the relevant authorities. (3)
6.1 Use the unjustified enrichment formula to calculate how much Benny can recover
from Judith. Show all calculations. (8)
SECTION C
QUESTION 7 [15 marks]

7.1 Which of the Kumbi children will not be considered to have been born of married
parents? (1)
7.2 What does the pater est quem nuptiae demonstrant rule entail? (1)
7.3 Will the pater est quem nuptiae demonstrant rule apply in respect of the child
mentioned in 7.1? (2)
7.4 Fill in the missing words to explain the procedure Anita must follow to prove the
paternity of the child mentioned in 7.1. (6) Write only the letter and the correct missing
word. E.g., Z- Constitution.
Section A (1) of The Children’s Act is applicable. To determine who the father of a
child is, we must perform a two-step inquiry.
Step 1 involves the unmarried woman proving on a B (1) that she had sexual
intercourse with the alleged father of the child at the time when the child could have
been C (1). If she can prove this, a D (1) exists that the man with whom she had sexual
intercourse is the father of the child.
Step 2 begins once sexual intercourse has been proved by the woman or admitted by
the man. The man must then place E (1) before the court that creates a F (1) that he
is the father of the child.
7. 5 Can Lillian be regarded as Judith’s legal guardian? (No marks for simply stating
yes or no, provide a reason for your answer) (1)
QUESTION 8 [5 MARKS]
8.1 Define a prodigal (1)
8.2 How does Harry’s status as a prodigal affect his capacity to act? (2)
8.3 Name 2 offices that Harry may not hold due to his status as a prodigal. (2)
---------------END OF PAPER------------

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EXAM LAW OF PERSONS (PSR 110)

DATE 20 JUNE 2023

MODERATOR PROF SJ CORNELIUS

1. The paper consists of four (4) pages.

2. You must answer all the questions.

3. You must start each section on a new page.

6. Answers must be presented in a clear, logical and coherent manner.

on the appropriate notice boards.

8. Please consult clickup for details on the perusal.

QUESTION 1 [10 Marks]

Use the following clues to complete the crossword on ADDENDUM A

3. ________ is when someone is physically incapable of procreating.

4. Animals are considered legal ________.

QUESTION 7 [15 marks]

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