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MODULE NAME: MODULE CODE:

FAMILY LAW FALA6211

ASSESSMENT TYPE: TEST (PAPER ONLY)

TOTAL MARK ALLOCATION: 60 MARKS
TOTAL HOURS: 1 HOUR (+5 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to
reading time before the start of the assessment. You may make notes on your question
paper, but not in your answer sheet. Calculators may not be used during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or
during the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Calculators are allowed.
3. Dictionaries are not allowed.
4. Answer All Questions .

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Question 1 (Marks: 20)

Q.1.1 Illustrate three ways in which family law interacts with other branches of law. (6)
You may use examples to illustrate the interaction.

Q.1.2. Indicate whether the contract of engagement in each of the following examples
is void or voidable. Answer this question, strictly within the context of each
scenario and provide an explanation or reason for your answer.

Q.1.2.1 Peter (male, age 30) and Mia (female, age 25) are engaged to be (4)
married. Mia later discovers that Peter is her brother who was put
up for adoption when their parents were first year University
students.

Q.1.2.2 Ray (male, age 11) and Bongi (female, age 11) enter into a contract (4)
of engagement. Their parents laugh-off this cute display of ‘puppy-
love’ and refuse to consent to the engagement because they are
both too young.

Q.1.2.3 Mayuri (female, age 23) entered into a contract of engagement with (6)
Akash (male, age 39). She cannot wait to get married to Akasha and
have children and constantly talking about “our kids”. She discovers
that Akash is sterile, a diagnosis that was made prior to Akash
meeting Mayuri and which was the reason why his ex-girlfriend
ended their relationship.

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Question 2 (Marks: 20)

Carly proposes marriage to Max (male, 35) after four years of dating. Carly (female, age 28) chose
to remain a virgin until she marries. Max accepted Carly’s proposal on condition that she has
sexual intercourse with him to enable him to ‘test their compatibility as a future married couple.’
Carly refuses to comply with the condition. She seeks legal advice on the possibility of an
application to court for an order compelling Max to marry her, without her having to lose her
virginity to him before marriage.

Q.2.1 Max is furious with Carly because he believes that the condition is not an
unreasonable request in the modern times that we live. Advise Max as to
whether his condition is acceptable.
(7)

Six marks will be allocated for the advice.

One mark will be allocated for skill.

Q.2.2 Advice Carly on her prospects of success in her application to court to compel
(3)
Max to marry her.

Q.2.3 Assume that there were no conditions to the contract of engagement between
Carly and Max but the couple decide to mutually terminate their contract of
engagement because they are no longer in love.

Discuss whether or not the following engagement gifts must be returned:

a. A teddy bear gifted by Max to Carly on their first Valentine’s Day
together.
b. A life insurance policy that Carly had taken in anticipation of marriage, (10)
nominating Max as the beneficiary. She had wanted him to be debt free
in the event of her passing on before him, during their anticipated
marriage.
c. An orchard (flowering pot-plant) that Carly bought for Max on his
birthday, to add to his collection.
d. Diamond cufflinks that Carly had gifted Max to wear with his wedding
tuxedo.

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e. Diamond engagement rings which the parties had exchanged.

Eight marks will be allocated for discussion.

Two marks will be allocated for skill.

Question 3 (Marks: 10)

Discuss how the concept of family in South Africa has been extended to provide full constitutional
recognition to Customary Marriages. Your answer must set out the legal position before the
constitutional era and the legal position as a consequence of constitutional dispensation.

Eight marks will be allocated for the discussion.

Two marks will be allocated for skill.

Question 4 (Marks: 10)

Q.4.1 Provide an overview of how family law has grown or evolved in respect of the
following relationships:
Q.4.1.1 The law of husband and wife. (5)
Q.4.1.2. The law of parent and child (5)

END OF PAPER

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