Capacity to perform juristic acts

Business Law 1A
Tutorial exercise 4
13 - 24 March 2023

QUESTION 1

Select the age of majority in South Africa. (1)

a. 18 years old.
b. 21 years
c. 16 years
d. 22 Years

QUESTION 2

Identify which statement is INCORRECT? A minor can attain majority in different ways –

a. by reaching the age of 21 years.

b. through an order of court.

c. by concluding a valid marriage.

d. by reaching the age of 18 years.

QUESTION 3

Zintle, a 16-year-old, receives a donation of R10 000 from her aunt, Nomsa. Her guardian has not
consented to this donation. The following contract is –

a. unenforceable.

b. voidable.

c. void.

d. valid.
QUESTION 4

Ayanda, a 14-year-old, intends on selling her house worth R1.5 million which she inherited from her
late grandmother. Identify whose consent/assistance is required for Ayanda to sell her house. You
may select more than one option if necessary. (3)

a. The Master of the High Court

b. Her lawyer

c. Judges of the High Court

d. Her guardian

QUESTION 5

Tacit emancipation is when a minor is given the freedom to conclude any commercial transactions
with the assistance of a parent/guardian.

a. True

b. False

QUESTION 6

Rectification is when consent is acquired after conclusion of a contract

a. True

b. False

QUESTION 7

Jamie, a 17-year-old boy, creates a fake ID which states that he is 20 years old. He uses his fake ID to
purchase a VW Golf 7 from a VW dealership without his parent’s knowledge or consent. Identify
the incorrect statement.

a. Jamie is a minor who acted without the necessary consent, therefore, the contract is
void.

b. Jamie is a minor fraudulently posing as a major.

c. The contract will be valid as if he were a major at the time the contract was concluded.

d. VW will be able to hold Jamie liable in delict.

QUESTION 8

Select the various marital regimes available in South Africa. (3)

a. Marriage in community of property

b. Marriage out of community of property with accrual
c. Marriage out of community of property without accrual
d. Customary and civil marriage regime

QUESTION 9

Identify the correct option regarding spouses married out of community of property.

a. Spouses must give consent to the other spouse when entering into any
contract.

b. The accrual system automatically applies to spouses married out of

community of property.

c. Spouses have equal capacity to independently manage and bind the joint
estate.

d. Spouses have a joint estates and their contractual capacity is not affected
by their marriage.

QUESTION 10

Peter who has in the past been treated for schizophrenia, a mental disorder, offers to sell his family
home for R350 000 to Johanna. Just as Johanna is about to accept and sign the contract Peter kneels
down and look up and shouts ‘’yes grandma you have to move out now and find a new house to
haunt I have sold your home’’. Johanna signs the contract, but later discovers that the grandmother
had been dead for 15 years. Is the contract binding? (1)

a. The contract is void because Peter has a mental disorder that prevents him from forming a
will and from acting in accordance with such a will.

b. The contract is valid because Peter is not necessarily certified or declared to be mentally
deficient.

c. The contract is voidable because when entering the contract Johanna was not aware that
Peter is mentally deficient.

d. The contract is valid because Peter was lucid at the moment when the contract was entered.
QUESTION 11

Asanda is very drunk after consuming two bottles of red wine. Asanda is clearly unintelligible

and in this intoxicated state, Asanda concludes an agreement to sell his 2013 POLO VIVO to a

stranger, Thando who is not intoxicated, for R120 000. The contract of purchase and sale of

the car is-

a. Void because Asanda is unable to form a will because he is intoxicated and he is unable
to realise the consequence of his action.

b. Valid because Asanda understood the terms, formed a will and realised the
consequences of his actions.

c. Unenforceable because although the contract is recognised the courts cannot enforce a
contract where a party was intoxicated upon conclusion thereof.

D. Voidable because Thando was able to form a will and realised the consequences of his
actions.

QUESTION 12

When entering into a contract, a prodigal requires the consent of - (1)

a. a trustee.

b. a curator.

c. the court.

d. his/her spouse.

QUESTION 13

The insolvent may also not conclude agreements which may probably have a detrimental effect on
the insolvent estate, without the permission of:

a. his/her spouse.

b. a trustee.

c. a curator.
 d. the court.

QUESTION 14

Identify the instance whereby an insolvent person does not require the consent of his/her trustee.
(1)

a. Contracts disposing of assets of the insolvent’s estate.

b. Contracts that negatively affect the insolvent’s estate.

c. Entering into a marriage.

d. To act as general dealer or manufacturer.

[18]

SECTION B: SHORT QUESTIONS

QUESTION 15

Differentiate between capacity to act and legal capacity. (4)

[4]

QUESTION 16

Discuss the manner in which ratification of a contract concluded by a minor without the required
consent may occur. (2)

[2]

QUESTION 17

Fully discuss the capacity to act for persons in the following age groups.

a. Persons aged 0-7. (3)

 b. Persons aged 7-18. (3)

c. Persons older than 18. (3)

[9]

QUESTION 18

In the following questions, state whose consent is required in order to conclude

a valid contract.

a. A spouse married in community of property. (1)

b. A child selling immovable property to the value of R90 000. (2)

[3]

QUESTION 19

Shishi, a 16 year old, creates a fake ID which states that she is 20 years old. She uses her fake ID to
purchase a VW Golf 8 without her parent’s knowledge or consent.

Discuss the validity of this contract as well as the legal position of the parties. (3)

[3]
SECTION C: ACCRUAL CALCULATION

QUESTION 20

1. Adam and Boitumelo were married out of community of property subject to the accrual
system. Their marriage has dissolved as Adam has tragically passed away in a car accident.
Their respective estates comprised of the following:

SPOUSE Boitumelo Adam

ESTATE • A car worth • A car worth R300 000;

PRIOR TO R500 000; and
THE
• Jewellery w • R50 000 in savings.
MARRIAGE
orth
R250 000;
and

• Vehicle
finance to
the value of
R400 000.

ESTATE • A car worth • A car worth R200 000;

UPON R200 000;
• Vehicle finance to the
DISSOLUTIO
• Vehicle value of R150 000;
N OF THE
finance to
MARRIAGE • R250 000 in savings; and
the value of
R100 000; • A
house worth R700
• A house
000.
worth R1
000 000;
and

• A holiday
home worth
R1 250 000.
Calculate the accrual claim and indicate who will be entitled to it. Show all calculations (15)

[15]

TOTAL: 54