Question 1

Indicate which one of the following is recognised as a common law juristic person In
our law

a partnership
a church
a trust
a bank

Question 2
A nasciturus can be defined as

a fiction that creates legal subjectivity

a conceived but unborn child or foetus
a child’s claim for pre-natal injuries
a fiction that benefits third persons

Question 3
In which one of the following cases did the court hold that a mother may not enter
Into a contract on behalf of her unborn child, because legal personality only begins at
birth and an agent may not enter into a contract on behalf of a non-existent
principle?

Ex parte Boedel Steenkamp 1962 (3) SA 954 (0)

Shields v Shields 1946 CPD 242
Friedman v Glicksman 1996 (1) SA 1134 (W)
Pinchin v Sanlam Insurance Co Ltd 1963 (2) SA 254 (W)

Question 4
Indicate which one of the following statements regarding presumption of death Is
correct:

An application for a presumption of death order must be brought in a court in the

area where the missing person was last seen

If a common law presumption of death is expressed the court will also make an order
for the dissolution of the missing person's marriage

Once the court has pronounced a presumption of death it means that there is an
irrebuttable presumption that the missing person is dead

Any interested party, for example a spouse, can bring an application for a
common law presumption of death order

may/june 2015 multiple choice questions pvl1501

Question 5
Legal capacity Is

the capacity to perform valid juristic acts

the capacity to be accountable for delicts
the capacity to have rights and duties
the capacity to appear as a party to a lawsuit

Question 6
Anna, a twenty-one-year-old woman, is mentally incapacitated Where will she be
domiciled in terms of the Domicile Act 3 of 1992

She will be domiciled at the home of one or both her parents

She will be domiciled at the place she is most closely connected to
She will be domiciled at the place where she chooses to reside
She will be domiciled at the home of her curator ad litem

Question 7
In terms of section 21(1) of the Children’s Act 38 of 2005 an unmarried biological
father automatically acquires full responsibilities and rights in respect of his child if
certain requirements are met Which one of the following Is not one of those
requirements?

He lives with the child's mother in a permanent life partnership when the child Is born
He consents or successfully applies to be identified as the child's biological father

He contributes or attempts in good faith to contribute to the upbringing and

maintenance of the child

He consents to enter into a civil union with the child's mother once the child Is born

Question 8
Indicate the correct option in terms of section 1(2) of the Intestate Succession Act 81
of 1987

a child born of unmarred parents cannot inherit intestate from his or her father
a child born of unmarried parents cannot inherit intestate from his or her mother

a child born of unmarried parents can inherit intestate from both his or her mother
and father

neither an unmarried father nor an unmarried mother can inherit intestate from his or
her child

may/june 2015 multiple choice questions pvl1501

Question 9
An infans can be defined as

a child younger than one year

a child younger than seven years
a child younger than 14 years
a child younger than 18 years

Question 10
Thabo is 17 years old with the assistance of his father he concludes a contract of
sale with Tommy to buy a scooter for R15 000 It later turns out that it is a second-
hand scooter. The actual value of the scooter is only R10 000 Which one of the
following remedies is available to Thabo?

Rei vindicatio
Restitutio in integrum
Condictio
Negotiorum gestio

Question 11
Indicate which one of the following statements is incorrect

If a minor concludes a contract with the consent of his or her guardian, the
guardian incurs personal liability for the minor's contract

If a minor's guardian binds himself or herself as surety for the minor, the guardian
incurs personal liability for the minor's contract

If a minor concludes a contract as his or her guardian's agent, the minor's guardian
incurs personal liability for the minor's contract

If a minor's guardian guarantees performance by the minor, the guardian Incurs

personal liability for the minor's contract

may/june 2015 multiple choice questions pvl1501

Question 12
Section 130 of the Children's Act 38 of 2005 contains rules that apply to an HIV test
on a minor.
Which one of the following is not one of the rules contained in this section?

If the test is in the minor's best interests and the necessary consent has been given
for the test

If the test is necessary to establish whether a health worker may have contracted
HIV due to contact in the course of a medical procedure with any substance from the
minor's body that may transmit HIV

If any other person may have contracted HIV due to contact with a substance from
the minor's body that may transmit HIV, and a court has authorised the test

If the minor Is pregnant as a result of rape or incest and the minor consents to the
test and the court has authorised the test

Question 13
Minority cannot be ended by

entering into a valid civil marriage

entering into a valid customary marriage
attaining the age of 18 years
entering into a civil union

Question 14
Billy has been declared mentally ill During a lucid Interval he concludes a contract
with Ben This contract is

voidable at Billy's choice

voidable at Ben's choice
void and unenforceable
valid and enforceable

Question 15
A person with normal mental ability who squanders his or her assets in an
irresponsible way is

an insolvent person
a minor
an intoxicated person
a prodigal

may/june 2015 multiple choice questions pvl1501