Friday 3 February 2012

June 2011 Exam paper

FINAL EXAMINATIONS

8 JULY 2011


Time:                        3 Hours

Subject:                    Law of Persons


This paper consists of three pages including the cover page.


Internal Examiner                                                 
Mrs L Ramaccio Calvino                                              HOD : Mr L. Ndlovu

Internal Moderator
Mr D Iyer                                                      


Instructions to Candidates
1. Answer all questions

2. It is in your best interest to write clearly and legibly.

3. Rely on relevant case law and statutory provisions and refer to the 
    legal position in South Africa.

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 4th 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 by making reference to          authority.                                                                                                                                  (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 Sailor, 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 Sailor 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 dishonoured 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.

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

5.2        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)
                                                                                                                                                            [15]
THE END





3 comments:

  1. this questions seems to be very difficult and am still going to UNISA as a distance education,what can i do now so that law cannot become concrete as it is appear to me?i really need your help

    ReplyDelete
  2. please i really devoted to law course and my english is not that much well....

    ReplyDelete
  3. Thanks a lot for this wonderful share. I truly liked reading these details here. The test preparations are extremely hard. One needs to understand the requirements first and then start the preparations. The preparation courses can help the candidates with the necessary content. I joined an online course. They provided lessons as well as access to the free sample MPRE Practice Questions too.

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