Questions from previous years Assessments.
Question 1:
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?
Question 2
After Jack and Jane had been married for 8 years, Jack,
a soldier, was sent to 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 never
recovered.
Jane wishes to remarry. Briefly advice Jane on possible remedies available to
her.
Question 3:
Amy is 15 years old and mentally incapacitated. She
was born in Pretoria
parents until they divorced eight years ago. After
the divorce, her mother moved to Durban
her father stayed in Pretoria Kimberley
Where will Amy be domiciled? Substantiate your
answer.
Question 4:
The University
of Zululand University of Zululand
Question 5:
Briefly discuss the requirements for the beginning
and end of legal personality in South African law with reference to case law.
Question 6:
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.
Question 7:
Derek Ahoy, an experienced sailor, has been missing
for 20 years since he departed from Cape Town
harbor on his voyage to 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.
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