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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