CLA2602 Exam Pack 2024 - DISTINCTION
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Answers, AlreAdy GrAded A 2023/2024
MINOR - ANS-Any natural person who has not yet reached the age of
18 years and who is still unmarried.
PRODIGAL - ANS-A person who habitually squanders his or her
money recklessly...
MINOR - ANS-Any natural person who has not yet reached the age of
18 years and who is still unmarried.
PRODIGAL - ANS-A person who habitually squanders his or her
money recklessly and extravagantly. The high court declares them
so and appoints a curator to look after their estate and affairs.
TACIT EMANCIPATION - ANS-This occurs where the guardian allows
the minor to lead an economically separate and independent life.
The guardian's consent may be given expressly or tacitly
THE EMANCIPATED MINOR'S CAPACITY TO ACT - ANS-Full Capacity
to Act:
1. Question of fact
2. Minor has full capacity to act; except to conclude a marriage and
alienate or encumber immovable property.
3. Guardian Consents To Minor's Complete Freedom
Limited Capacity to Act:
1. Qustion of Fact
2. Minor has capacity to act only in respect to ---> Occupation,
Business
3. Guardian retains power over areas in minor's life
MARRIAGE - ANS-Matrimonial Property Act 88 of 1984.
Marriage in Community of Property.
,MARRIAGE: AGREEMENT CONCLUDED PRIOR TO 1 DECEMBER
1993 - ANS-Contracts may be ratified by the husband.
MARRIAGE: AGREEMENTS CONCLUDED BY A SPOUSE MARRIED IN
COMMUNITY OF oper - ANS-The consent of the other spouse is
required in order to conclude contracts affecting the joint estate. If
spouse refuses consent; the other spouse may apply to the high
court.
MARRIAGE: AGREEMENTS CONCLUDED BY A SPOUSE MARRIED
OUT OF COMMUNITY OF PROPERTY - ANS-Parties entering a
marriage automatically married in community of property unless
stated otherwise. An antenuptial contract binds.
INSOLVENCY - ANS-Insolvency Act 24 193 affect an insolvent's
capacity to act after his or her estate has been sequestrated. The
insolvent may not dispose of any assets that were in the estate at
the time of sequestration. The insolvent has capacty to enter into
contracts.
EX TURPI CAUSA NON ORITUR ACTIO - ANS-No action arises from a
shameful cause/immoral
consideration.
FREEDOM OF TESTATION - ANS-The power of a person to choose
how to have his or her
properties distributed upon his or her death.
GENUS - ANS-The number of beings or objects which agree in
certain general
properties, common to them all.
,INHERITENCE - ANS-The practice of passing on property, titles,
debts, rights and obligations
upon the death of an individual.
PAR DELICTUM RULE - ANS-When the parties to an unlawful
contract are equally at fault,
neither can obtain affi rmative relief from the court and whoever
possesses
whatever is in dispute may continue to do so in the absence of a
superior claim.
VOID - ANS-Void", in relation to a contract, means not valid or
legally binding, or of no
legal effect
VOIDABLE - ANS-"Voidable", in relation to a contract, means valid
and binding but may be
annulled or rendered unenforceable for a number of legal reasons
by a party
to the transaction who is legitimately exercising his or her power to
avoid the
contractual obligations.
LEGAL POSSIBILITY - ANS-A performance is legally impossible if it is
in conflict with the common law or statutory.
LEGAL IMPOSSIBILITY - ANS-1. Agreements restraining a person's
freedom to participate in legal intercourse.
2. Agreements restraining a person's freedom t trade.
3. Gambling Contracts
CONSEQUENCES OF ILLEGALITY - ANS-Most unlawful contracts
are void. Contracts that conflict with statutor law are void if the law
, determines that such contracts will be valid. No rights or duties can
arise from a void contracts.
OBJECTIVE POSSIBILITY TO PERFORM - ANS-Impossibility of
performance is relevant in three different stages of a contract.
DETERMINED AND ASCERTAINABLE PERFORMANCE - ANS-If
performance is neither determined nor ascertainable, the contract
is invalid due to vagueness. A contract will be valid if the
performance is determined or ascertainable
ADVOCATE - ANS-An LLB graduate who has been admitted and
enrolled as an advocate
of the High Court. When an advocate practises as such, he or she is
usually
also a member of a Bar. There is a Bar for each of the various
divisions of the
High Court. In order to become a member of a Bar, a candidate
must complete
a pupillage and pass the Bar examination. An advocate may appear
in any
court, except the small claims court. In terms of section 34(2)(a)(ii)
of the
Legal Practice Act 28 of 2014 an advocate may now render legal
services in
expectation of a fee upon receipt of a request directly from a
member of the
public, provided that he or she is in possession of a prescribed
certifi cate and
a trust account.
APPEAL - ANS-Taking a decision of a lower court to a higher court.
The person bringing
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