Faculty of Commerce and Law

Law of Persons
LWPL111
Examination – May/June 2017

Internal Examiner: Leanne Coetzee

External Examiner: Dr Carina van der Westhuizen
Total Marks: 100
Duration: 3 Hours
Sub-Minimum: 40%
Section A: Short and Discussion Questions 60 Marks
Section B: Long Questions 40 Marks

Instructions to Candidates:
1. Read each question carefully.
2. You must answer ALL sections.
3. Answer all questions in the answer book provided.
4. All rough work should be done in the back of the answer book and indicated as such.
5. This examination paper should not be removed from the examination venue.

NB This examination paper consists of 7 pages

EXAM LWPL111 May/June 2017 Page 1 of 7

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Formerly Midrand Graduate Institute
Section A
Short and Discussion Questions 60 Marks
Answer the following questions in your answer book.

QUESTION ONE
1.1 Define the term “legal object”. (3)
1.2 Pair each legal object underlined in Column A with the applicable category of legal object in
column B. Write your answers for column B (a, b, c, d, and e) next to the correct number for
column A below (example: 1d). (Note that each can only be used once):
COLUMN A COLUMN B
1. Bob is busy paying Angie for cleaning his a. Immaterial property
house this week.
2. Jenny is working at the SPCA where she b. Personality property
helps to look after mistreated animals like
Spicy the ginger cat.
3. John downloaded a book written by Kate c. Performance
from Amazon, and then made copies and
started selling them to his neighbours as
his own.
4. Angela has been telling all their friends d. Corporeal thing.
that Sandy steals money from her
employer. As a result no-one wants to talk
to Sandy anymore.
(4)
1.3 The following scenarios were taken from the columns in question 1.2 above. For each one,
indicate the type of right conferred on that specific legal object. (3)
1.3.1 Bob is busy paying Angie for cleaning his house this week.
1.3.2 Jenny is working at the SPCA where she helps to look after mistreated animals like
Spicy the ginger cat.
1.3.3 Angela has been telling all their friends that Sandy steals money from her employer.
As a result no-one wants to talk to Sandy anymore.
[10]

EXAM LWPL111 May/June 2017 Page 2 of 7

Pearson Institute of Higher Education
Formerly Midrand Graduate Institute
QUESTION TWO
2.1 Indicate whether the following statements are TRUE or FALSE: (You do this by writing either
the word true OR the word false in your answer book.– NOT both)
2.1.1 A natural person’s birth must be registered in terms of the Inquest Act 58 of 1959.
2.1.2 Notice of birth must be given within the first year after the child is born.
2.1.3 The birth of a child cannot be registered unless both a first name and a surname has
been assigned to the child.
2.1.4 Where the child of a married couple has the father’s surname, the mother can never
change the child’s surname to her maiden name while the husband is alive.
2.1.5 An unmarried mother who has sole guardianship of her child, marries someone other
than her child’s biological father. She can apply to change her child’s surname to that
of her new husband only if the new husband consents. (5)
2.2 Ben and Amy were a couple while studying at PIHE. During their final year Amy became
pregnant with Ben’s child. Amy and Ben did not get married nor live together during the
pregnancy and birth. Nine months later Amy gave birth to a baby boy name Tommy. Explain
whose surname Tommy can be registered under after his birth. (5)
[10]

QUESTION THREE
Thipe and Monica lived together for three years when Monica became pregnant with their child.
Thipe was not happy about the pregnancy and wanted Monica to terminate the pregnancy. Monica
refused, and when she was 5 months pregnant, Thipe ended their relationship and moved out.
Four months later Monica gave birth to a baby boy and named him Skye. Thipe was nowhere to
be found, and has not had any contact with Monica or Skye since the birth.
Answer the following questions regarding the set of facts:
3.1 Does Thipe have automatic parental rights and responsibilities in terms of section 21(1) of
the Children’s Act 38 of 2005 as Skye’s father? Explain your answer. (4)
3.2 Read the statement below, and write the missing words in your answer book next to its
corresponding number: (4)
“An unmarried father who does not qualify for automatic parental responsibilities and rights
in terms of section 21(1) of the Children’s Act 38 of 2008, can conclude a 1._______________
with the child’s mother or other person who has parental rights and responsibilities over the
child. This (no. 1) must be registered with the 2.__________________ or made a(n)
3.__________________, otherwise it remains 4._____________________.

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Formerly Midrand Graduate Institute
3.3 Except for the options named in 3.1 and 3.2, name two other ways in which an unmarried
father can obtain parental responsibilities over his child. (2)
[10]

QUESTION FOUR
4.1 Indicate whether the following statements are TRUE or FALSE: (You do this by writing either
the word true OR the word false in your answer book.– NOT both)
4.1.1 Mary, a five year old girl, has the capacity to buy a doll at the local store if she is
assisted by her guardian.
4.1.2 Mary, a five year old girl, has the capacity to accept money (donated to her by her
grandmother) without the assistance of her guardian.
4.1.3 Where Mary, a five year old girl, enters into an agreement to buy a doll without
assistance from her guardian, the contract is voidable.
4.1.4 Mary, a five year old girl, does not have locus standi in iudico even if she is assisted
by her guardian.
4.1.5 Where Mary (a five year old minor) sets the neighbour’s house on fire because her
father asked her to (and gave her the matches), her father will be the one held liable
for the damage. (5)
4.2 Answer the following questions regarding a minor’s contractual capacity:
4.2.1 Name the ages between which a person will be considered to be a minor according to
South African law. (1)
4.2.2 Claire is a 14 year old girl who accepts a gift from her aunt Wendy without her
guardian’s assistance. Discuss whether Claire has the capacity to do that. (3)
4.2.3 Where Claire enters into a contract with a shopkeeper to by an iPad without her
guardian’s assistance, it creates a natural obligation for Claire. Explain what is meant
by the words “natural obligation” in the previous sentence. (1)
[10]

QUESTION FIVE
Masego is a sixteen year old boy who lives in Cape Town. Six months ago he entered into a
contract with Mr Bob to buy a PlayStation 4 for R6000. The actual value of the PlayStation 4 at the
time of concluding the contract was R5000. They agreed that Masego would pay a monthly
instalment of R1000 over a period of 6 months. Masego was not assisted by his guardian when he
entered into the contract. Masego takes the PlayStation 4 home and plays with it for two months,
after which he gets bored with it. He does not pay any of the monthly instalments as agreed. On

EXAM LWPL111 May/June 2017 Page 4 of 7

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Formerly Midrand Graduate Institute
the 5th of March Masego sells the PlayStation 4 to one of his class mates for R3000. He uses
R2000 to go on Holiday in Margate from the 6th to the 12th of March, and when he returns and the
13th of March he uses the other R1000 to buy food for himself and his family. On the 1 st of April Mr
Bob institutes legal proceedings against Masego for the outstanding payments.

Answer the following questions about unjustified enrichment:

5.1 Explain what is meant by the term “unjustified enrichment”. (3)
5.2 In the above set of facts, by what amount (how much money) was Mr Bob’s estate
decreased? Give a reason for your answer. (2)
5.3 In the above set of facts, which date will we use when we calculate Masego’s enrichment?
Give a reason for your answer. (2)
5.4 By how much has Masego’s estate been enriched? Explain your answer. (3)
[10]

QUESTION SIX
Gordon’s loves to gamble! His wife Mary (to whom he is married in community of property) is very
worried about the way he is losing their money at Sun City when he gambles. Mary is thinking
about having Gordon declared a prodigal. Advise Mary by answering the following questions about
prodigality:
6.1 Define the word “prodigal”. (4)
6.2 Mary has heard that specific steps need to be taken before Gordon’s prodigality will affect his
status. Explain those steps to Mary. (4)
6.3 Explain to Mary how declaring Gordon a prodigal will affect his capacity to act. (2)
[10]

SUBTOTAL: [60]

EXAM LWPL111 May/June 2017 Page 5 of 7

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Formerly Midrand Graduate Institute
Section B
Long Questions 40 Marks
Answer the following questions in your answer book.

QUESTION ONE
When Lola was seven months pregnant, she was in a car accident caused by a drunk driver named
Bob. Two months later Lola gave birth to a baby boy and named him Einstein. Einstein was born
with severe brain injuries directly related to the accident that happened two months ago. Lola wants
to sue Bob for Einstein’s injuries. Bob’s lawyer says that since Einstein was still a nasciturus at the
time of the accident, he was not a legal subject and Lola cannot sue for the injuries he sustained
in utero. Discuss, with reference to case law, whether Lola will need to use the nasciturus fiction
to sue for the injuries Einstein sustained in the accident before his birth. (Use the IRAC method to
answer this question). [10]

QUESTION TWO
Ben and Barbie were married for ten years when Ben disappeared. Ben was a pilot, and had a
small plane. He said he made his money by flying rich people to all kinds of holiday destinations.
Five years ago Ben’s plane went down in the Knysna forest. When the wreckage was found, it
became clear that Ben was actually smuggling drugs into Cape Town for distribution between the
drug cartels. There was also the suspicion that someone tampered with the plane’s engine, causing
it to crash. Ben’s body was not found, but the authorities had a strong suspicion that he was dead.
Discuss the process the state has to follow to have Ben presumed dead by the courts. [10]

QUESTION THREE
Peanut was born in Zimbabwe. When he was three years old, his mother took him and moved to
South Africa to work. His mother got a good job and a few years year later she bought them a
house in Sandton. Peanut has been living with his mother in Sandton and he is going to the local
High School next year. His mother has permanent residence in South Africa now, but Peanut is still
a Zimbabwean citizen. Discuss the kind of domicile Peanut has and indicate where his domicile
currently is. (Use the IRAC method to answer this question). [10]

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Pearson Institute of Higher Education
Formerly Midrand Graduate Institute
QUESTION FOUR
Lola is a 24 year old woman who works as a model earning millions every year. Nine months ago
she had a one night stand with Thabiso who was the photographer at one of her shoots. Four
months later, during a fashion week, she also had one night stands with Paul and Mashudu (on
different nights). Shortly after, Lola realised she was four months pregnant and subsequently gave
birth to a baby girl called Alice. Lola wants to tell Paul that he is Alice’s father and has to pay child
support. Applying the correct presumption of paternity and the different factors relevant, discuss
who the law will presume Alice’s father to be. (Use the IRAC method to answer this question).
[10]

SUBTOTAL: [40]

TOTAL: [100]

EXAM LWPL111 May/June 2017 Page 7 of 7

Pearson Institute of Higher Education
Formerly Midrand Graduate Institute