Questions from previous years Assessments.
Dr. Sloan is a partner of Sloan and Montgomery Doctors. On 1 March 2012 Dr. Sloan was requested by Derek, the life partner of Maradeth, to conduct blood tests to determine the paternity of Maradeth’s unborn child, after Derek suspected that Maradeth was having an affair. During one of Maradeth’s routine medical examinations Dr. Sloan briefly explained to Maradeth the DNA testing procedure. Overwhelmed by the pregnancy, Maradeth agreed that fluids from her womb be extracted for purposes of DNA testing.
During the DNA testing procedure Dr. Sloan inserted the needle too deeply into Maradeth’s womb, resulting in an emergency operation to restore the damage caused by Dr. Sloan’s medical negligence. After the operation Maradeth was told that her baby may be blind.
On 1 April 2012 Maradeth went into premature labor. During the delivery Dr. Sloan noticed that the fetus was not breathing and started to resuscitate (revive) the baby. Despite his efforts the baby only gave one breath of air and died.
Based on the aforesaid set of facts, answer the following questions by referring to authority:
1.1 Maradeth consulted you after the emergency operation but prior to her emergency delivery. Advise Maradeth on her prospect of succeeding with a civil claim for medical negligence, with specific reference to against whom such a claim can be instituted.
1.2 In the event of Maradeth instituting a civil action, will Maradeth be able to include a claim on behalf of her unborn child (fetus).Substantiate your answer with reference to case law.
1.3 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 21 of the Children’s Act 38 of 2005, does Derek have the right to request Maradeth or the baby to submit themselves for blood tests?
After Jack and Jane had been married for 8 years, Jack, a soldier, was sent to
by the South Iraq
African National Defense Force. Five years ago, it was reported that the armor vehicle he was
traveling in during a routine inspection was involved in a bombing and that his body was neverrecovered. Jane wishes to remarry. Briefly advice Jane on possible remedies available to her.
Amy is 15 years old and mentally incapacitated. She was born in
and lived there with her Pretoria
parents until they divorced eight years ago. After the divorce, her mother moved to
her father stayed in
. Amy has been living with her sister
for the past six years. Kimberley
Where will Amy be domiciled? Substantiate your answer.
enter into a contract with FIFA. Define law of persons and motivate whether the
of Zululand (being a juristic person) fall
within the definition of law of persons. University of Zululand
Briefly discuss the requirements for the beginning and end of legal personality in South African law with reference to case law.
Although the nasciturus fiction had limited use in the common law, its application in South African law has been extended protecting any conceivable interest. Mention and discuss with reference to case law TWO interests in which the fiction has been applied in our law.
Derek Ahoy, an experienced sailor, has been missing for 20 years since he departed from
harbor on his voyage to . Mrs Ahoy wish to sell property jointly
owned. In answering the following
questions make reference to case law or legislation where possible. Italy
7.1 Briefly discuss the process involved in bringing an application for the presumption of death of Derek Ahoy by referring to the factors the court may consider in granting such an order?
7.2 Can Mrs Ahoy remarry once the presumption of death order is granted?
Also refer to Assessment 1 2011 on the blogpage.