2019 11 Law Persons Nov 2019 PDF

Preview

Summary

notes...

Description

RHODES UNIVERSITY FACULTY OF LAW EXAMINATIONS: NOVEMBER 2019 LAW OF PERSONS LEGAL THEORY 2 (BA, BCom, BSc, BSic Sci) External Examiner: Internal Examiner:

Mr C A Maimela Ms N Mashinini

Marks: 60 Duration: 2 hours

GENERAL INSTRUCTIONS TO CANDIDATES

1.

ANSWER ALL THE QUESTIONS.

2.

A planning document is available to you on the back of this cover sheet. You are entitled to detach and to write on this planning document during reading time, and during the examination.

3.

Time management is very important. You should determine how much time to dedicate to each question by determining how many minutes per mark for the whole paper (eg 120 minutes for 60 marks) and then multiplying that figure by the amount of marks for each question.

4.

It is in your interest to write legibly.

5.

The Oxford Concise English dictionary may be used during this examination for the purpose of looking up words that are not legal terms relevant to the course content. Invigilators may ask you which word you wish to look up, to determine whether the use of the dictionary is appropriate.

6.

It is in your interest to read the ENTIRE question carefully before attempting to answer any of the questions.

7.

At the end of the examination, place all extra answer books inside the first book. Make sure that you have filled in all the required information on the front cover. This includes how many books you have handed in (what questions you have answered, and the order in wlich they have been answered.

Law of Persons – November 2019

Page 1 of 4

PLANNING

Law of Persons – November 2019

Page 2 of 4

Question 1 Mzi was born in Gauteng but he moved to Lesotho when he secured a job there in 1990. Mzi also applied for permanent residence in Lesotho once he settled there. Lindi was born and raised in Lesotho, where she met Mzi and started dating him. Mzi and Lindi got married in Lesotho in 1991 without concluding an antenuptial contract. Mzi and Lindi have a 15 year-old daughter, Tumi. In June 2018, Mzi and Lindi’s marriage broke down. Lindi and Tumi moved to live with Lindi’s parents in Lesotho while Mzi decided to move back to Gauteng permanently. Mzi took all his belongings with the intention to not return to Lesotho. Mzi does not have a job in Gauteng and he is living with his brother, but actively searching for a job and an apartment in Gauteng. In December 2018, Mzi and Lindi agreed to divorce. Lindi filed for divorce in Lesotho while Mzi filed for divorce in Gauteng. Answer the following questions, with reference to authority: (a)

What approach should be used to determine which matrimonial property system applies to Mzi and Lindi’s marriage? (5)

(b)

Assume that Mzi and Lindi got married in September 1992. Which court has jurisdiction to hear the matter? (5)

(c)

Assume that Mzi and Lindi got married in September 1992. Where is the daughter, Tumi, domiciled in December 2018? (5) [15]

Question 2 Pule had been living with his daughter, Sophy, in Port Elizabeth when he disappeared on 1 January 1999. At the time, Pule was 62 years old and had just retired as a wealthy man. Pule was reported last seen by his neighbour at the Port Elizabeth Shopping Mall, looking agitated and scared. Pule was apparently being followed by Joe, a man who had a grudge to settle with Pule for a historical fight between Joe and Pule’s families. Joe is notorious for crimes of robbery and murder in Port Elizabeth. It has been 20 years since Pule disappeared and he has not withdrawn any funds from his annuity and retirement pay-outs. In 1996, Sophy had concluded a life insurance agreement with Life and Death Insurers (Pty) Ltd on behalf of her father, Pule. Sophy continued to pay the monthly premiums towards this life insurance policy despite her father’s absence. On 1 January 2019, Sophy approached you for legal advice on how she can claim from the life insurance policy, and also manage her father’s estate in his absence. Discuss all the possible options available to Sophy and advise her which option is most suitable under the circumstances. [25] Law of Persons – November 2019

Page 3 of 4

Question 3 (a)

Tom and May had been married for 10 years when Tom raped May on 1 January 2003. As a result, May fell pregnant and gave birth to a son named Bill on 25 October 2003. Tom was an absent father and rarely participated in the upbringing of Bill because he often travelled for business purposes. May unilaterally made all the important developmental decisions in relation to Bill’s life. Tom has never paid maintenance for Bill. On 1 October 2018, Bill informed May that he had met a girl whom he was sure he wanted to marry because he is now 15 years old and feels that he is ready for marriage. May consented to the marriage and informed Tom of the matter, but he objected to the idea. May has approached you to enquire whether Bill needs Tom’s consent to get married and informs you that she is of the opinion that only her consent should be required because she has been actively raising Bill by herself all along. Advise May on the legal position by referring to all the relevant legal principles. (15)

(b)

Assume that Bill is not married. Bill bought a couch from Lewis Stores for R5000. When the store manager questioned him about his age, Bill told the manager that he was 21 years old and handed a fake license to the manager. Bill managed to conclude the sale and paid R5000 in cash. The next day, Lewis had not delivered the couch and a dispute arose between Lewis and Bill. Discuss the validity of the contract with reference to the relevant authority. (5) [20]

END OF THE EXAMINATION PAPER

Law of Persons – November 2019

Page 4 of 4...