Wednesday 29 February 2012

Example of 1st Assessment 2011


UNIVERSITY OF ZULULAND
FACULTY OF COMMERCE, ADMINISTRATION AND LAW
LAW OF PERSONS – LPLP101

1st ASSESSMENT 2011

ASSESSOR:  MRS L RAMACCIO CALVINO
INTERNAL MODERATOR: MR D IYER

DURATION: 1 HOUR                                                                                                                                                 MARKS 50


INSTRUCTIONS:
1.                    ENSURE THAT YOUR NAME AND STUDENT NUMBER ARE CLEARLY REFLECTED ON THE ANSWER BOOK.
2.                    QUESTIONS MAY BE ANSWERED IN ANY ORDER. CLEARLY INDICATE EACH QUESTION ANSWERED AND LEAVE AT LEAST TWO LINES OPEN BETWEEN ANSWERING THE QUESTIONS.
3.                    IN ANSWERING THE QUESTIONS PARAGRAPHS SHOULD BE USED (EACH NEW IDEA SHOULD BE ADDRESSED IN A NEW PARAGRAPH).

Question 1:

Derek and Sloan are joint partners of DIESEL STANDS. During the 2011 inter varsity between the University of Zululand and The University of KwaZulu Natal one of their spectator stands collapses resulting in Bailey sustaining injuries resulting in medical expenses to the extend of R100 000-00. In lieu of the definition of law of persons as well as the classes of legal subjects recognised in South African law, against whom should Bailey institute a civil claim? Substantiate your answer. (5)

Question 2:

Arizona and her life partner, Maradeth are expecting their first child. During the delivery of Arizona Junior the fetus experience an oxygen deficiency and dies shortly after birth. 
2.1           Briefly mention the legal requirements for the beginning and end of legal personality in South African law with reference to relevant case law.                                                                                                                                                            (5)
2.2           Briefly discuss the provisions of the Births and Deaths Registration Act, Act 51 of 1992 that will be relevant in lieu of the aforesaid set of facts.                                                                                                                                                         (5)

Question 3:
Although the nasciturus fiction had limited use in the common law, its application in South African law has been extended protecting any conceivable interest.
3.1           Briefly discuss with reference to case law the patrimonial and pre-natal interests in which the nasciturus fiction has been applied in our law.                                                                                                                                                           (4)
3.2           Does the protection of the interest of the nasciturus imply that an unborn child is sometimes a legal subject? Substantiate your answer.                                                                                                                                                                           (6)

Question 4:
Mc Steamy, an experienced pilot, has been missing for 10 years since he left Durban airport on route to Botswana. Mrs Mc Steamy wishes to sell property jointly owned by her and Mr Mc Steamy. 
4.1           Briefly differentiate between the common law and statutory process of having a person declared presumably dead.                                                                                                                                                                              (5)
4.2           Mention which process (common law application or statutory law process) will be applicable in lieu of the aforesaid set of facts.                                                                                                                                                                               (5)
4.3           Should the order be granted in terms of paragraph 4.2 herein above, can Mrs Mc Steamy get remarry? Substantiate your answer.                                                                                                                                                                         (5)

Question 5:
Stevens is a UK citizen and is domiciled in London. He visits South Africa where he meets Issie, a
German holidaymaker. They decide to get married at Phinda Game Reserve, South Africa.

5.1           Which legal system will be applicable to the solemnization of their marriage and what will determine the said system. Briefly mention the requirements that Stevens will have to comply with should he wish to change his domicile to Phinda, South Africa.                                                                                                                                                                                       (5)
5.2           How would Issies’s legal capacity be affected should she be minor at the time of the intended marriage?                    (5)


THE END

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