Law of Persons

LAW OF PERSONS MCQ MEMORANDUM 2022 2ND SEMESTER 29 NOVEMBER
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LAW OF PERSONS
PVL1501
Online mcq memorandum
2nd sememester 2022
100% possible feedback
06 DECEMBER 2022
All groups
N.B. This documents consist of 4 MCQ exam attempt, thus it covers ALL groups.
And it consists of 180 MCQ Straight-Foward Answers.
Example
1.Choose the only correct statement below A presumption of death can be
pronounced in terms of the common law if.
 more than seven years have passed since the disappearance of the missing Person
1.Which one of the following entities is not recognised as a juristic person in our law?
Makwela and Sons Partnership
2. Choose the only correct statement below A presumption of death can be

pronounced in terms of the common law if.
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more than seven years have passed since the disappearance of the missing Person
3. Indicate which one of the following statements regarding presumption of death is

correct.
The court may appoint a curator bonus to administer a missing person's affairs
without pronouncing a presumption of death.
4. Which one of the following attributes or factors is not an attribute or factor that
determines a person's status?
Occupation
5. Legal capacity Is
the capacity to appear in court as a party to a lawsuit.
6. The following statements deal with domicile Indicate which one of the statements
is incorrect.
7. Which one of the following options cannot be used by a man to rebut the
presumption of paternity?
Evidence that he used contraceptives
8. The following statements deal with children born of unmarried parents Indicate the
only correct option.
A child who is born of unmarried parents can inherit intestate from both parents.
9. Choose the only correct answer. The biological father of a child who is not or was
never married to the mother of the child, automatically acquires full parental
responsibilities and rights in respect of the child if he complies with the requirements
in section.
21
10. Indicate which one of the following contracts concluded by four-year-old Nomsa
is valid.
On her behalf Nomsa's father buys her a new doll as well as clothes for the doll at the
toy shop.
11. Without his guardian's assistance Tommy, a 16-year-old boy, concludes a contract
with Leonard, a major. In terms of the contract, Tommy sells his laptop to Leonard
Tommy delvers the laptop to Leonard, after which the contract is repudiated What
remedy is available to Tommy in order to reclaim his laptop?
rei vindicatio
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12. John, a 17-year-old boy, wants to enter into a civil union, From the options below,
choose the only correct answer.
In order for John to enter into a valid civil union, he has to wat until he turns 18
13. Indicate the only correct statement Sarah is 17 years old and has recently
concluded a valid civil marriage with Tom, who is 21 years old Soon after the
marriage Tom was killed in an aeroplane crash. The effect of Tom's death will be that.
the marriage will be void
14. Indicate which one of the following statements regarding emancipation is

incorrect:
Only the High Court within whose area of jurisdiction a minor resides may
emancipate the minor.
15. Which one of the following statements is correct?
A person who is mentally ill has no capacity to act
16. The statements below deal with the Births and Deaths Registration Act 51 of 1992
Choose the only incorrect option.
A child born of unmarred parents may be registered under both parents' surnames
joined together as a double-barrel surname
17. In Road Accident Fund v Mtati the Supreme Court of Appeal held that
it is unnecessary to use the nasciturus fiction to grant a child an action in respect

of prenatal injures
18. Indicate which one of the following statements is incorrect In terms of the
Sterilisation Act 44 of 1998 the following requirements have to be met before a
person who has reached the age of 18 may be sterilised.
The consent of the person's parent, spouse or guardian is required
19. In Naville v Naville it was decided that
a foreign diplomat can acquire a domicile of choice in South Africa while in the
service of a foreign country.
20. From the statements below, choose the only incorrect one in terms of the
Children's Act 38 of 2005 (s 18(2)), parental responsibilities and rights of a child
include.
registering the child's birth

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21. In terms of section 21(1) of the Children's Act 38 of 2005 an unmarried biological
father acquires full parental responsibilities and rights in respect of his child in certain
circumstances Which one of the following options is not one of the circumstances
listed in section 21(1) in which an unmarried father can acquire full parental
responsibilities and rights?
He enters into a civil marriage or a civil union with the child's mother after the
child's birth.
22. Which one of the following factors cannot be taken into account when proof is
sought that a particular man is not the father of a particular child?
the fact that contraceptives were used
23. Without his guardian's assistance John, a 12-year-old boy, concludes a contract
with Vusi, a major. In terms of the contract, Vusi sells his laptop to John. John pays a
deposit to Vusi, after which the contract is repudiated What remedy is available to
John in order to reclaim his deposit?
Condictio
24. Choose the only incorrect option A guardian incurs personal liability for a minor's
contract if the
minor concludes a contract with the consent of his or her guardian
25. In which case did the Supreme Court of Appeal authoritatively reject the benefit
theory?
Edelstein v Edelstein
26. Which Act governs a minor's capacity to be held criminally accountable?
Child Justice Act 75 of 2008
27. Indicate which one of the following statements is correct
In all civil cases, a minor must be assisted to litigate.
In all civil cases, a minor must be assisted to litigate

incorrect.
An emancipated minor may get marred without his or her guardian's consent
30. Indicate which one of the following statements regarding mental illness is correct.
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The running of prescription cannot be completed against a person while he or she

is mentally ill.
31. Indicate which one of the following entities our law recognises as a juristic
person.
Andrew Khumalo (Pty) Ltd
32. From the following statements dealing with the nasciturus fiction, choose the only
correct statement. The nasciturus fiction may only be applied.
if it is to the advantage of the nasciturus
33. A woman's right to make decisions about reproduction cannot be qualified in

order to protect a foetus This was held
Christian Lawyers Association of South Africa v The Minister of Health
34. Which one of the following factors influences a person's status in private law?
Insolvency
35. Although parentage is usually based on the biological fact of being genetically
related to the child, section 1) of the Children's Act 38 of 2005 expressly excludes
certain categories of persons from legally qualifying as a child's parent Indicate the
only incorrect option.
The father of the child who had an extra-marital affair with the child's mother.
36. With regard to children born of unmarried parents and succession, choose the only
correct option.
Children who are born of unmarried parents can inherit intestate from their father
37. In which one of the following cases did the court, in an obiter dictum, hold that it
is not always in the individual's interests to know the truth about the identity of his or
her father?
YM v LB
38. In which one of the following cases did the court hold that soldiers can acquire a
domicile of choice at a place where they are not stationed?
Baker v Baker
39. Lindiwe is six years old Which one of the following contracts is valid?
Lindiwe's father buys a tricycle from a dealer on her behalf
40. Indicate the correct statement

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Mateo, who is 12 years old, has limited capacity to act
41. Ntabiseng is 17 years old Which one of the following agreements can Ntabiseng
validly conclude with Bongani (aged 25) without her guardian's assistance?
An agreement in terms of which Ntabiseng's debt to Bongani is extinguished.
42. In which one of the following cases did the court decide that an antenuptial
contract concluded by a minor without his or her guardian's assistance is void and
cannot be ratified by the guardian after the marriage has taken place?
Edelsteim v Edelsteim
A girl between the ages of 12 and 15 years who wishes to conclude a civil marriage
must obtain the consent of her guardian as well as that of the Minister of Home
Affairs
44. Which one of the following does not terminate minority?
entering into a religious marriage
45. Choose the only correct answer When a person's estate Is sequestrated.
a trustee administers the insolvent's estate
46. Indicate which one of the following is not recognised as a legal subject in our
law?
47. a conceived, but unborn child
A nasciturus can be defined as.
correct:
The court may appoint a curator bonus to administer a missing person's affairs
without pronouncing a presumption of death.
49. The following statements deal with the reporting of death Indicate which one of
the following statements is incorrect:
Only deaths due to natural causes have to be reported
50. Legal capacity refers to
the capacity to appear in court as a party to a lawsuit
51. All the statements below deal with domicile Indicate which one of the following
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statements regarding domicile is incorrect?
A person can relinquish his or her previous domicile before acquiring a new
Domicile.
52. In which one of the following cases did the court find that a prisoner who had
been imprisoned for life automatically acquired a domicile of choice in prison?
Nefler v Netler
53. The following statements all relate to the status of children born as a result of
artificial fertilisation Which one of the statements is incorrect?
A child born as a result of the artificial fertilisation of a woman with the semen of
her husband is only regarded as a child born of marred parents if the woman's
husband consented to the artificial fertilisation.
54. Which one of the following factors cannot be taken into account when proof is
sought that a particular man is not the father of a particular child?
the fact that contraceptives were used
55. Choose the only correct option to complete the following sentence: Section 28(2)
of the Constitution provides that
a child's best interests are of paramount importance in every matter concerning the
child.
56. Indicate which one of the following contracts concluded by four-year-old Nomsa
Is valid
On her behalf Nomsa's father buys her a new doll as well as clothes for the doll at
the toy shop.
57. Jim, a 12-year-old boy, concluded a contract with Thandi, a major, without the
assistance of his guardian in terms of the contract, Jim sold his bicycle to Thandi Jim
now wants Thandi to return his bicycle to him Which remedy is available to Jim to
claim the bicycle back from Thandi?
rei vindicatio
58. Section 43 of the Basic Conditions of Employment Act 75 of 1997 prohibits

employment of a minor under the age of
15 years
59. Tim is 16 years old He wants to get married to Rosie Indicate whose consent Tim
needs in order to conclude a valid civil marriage with Rosie Choose the only correct
option.
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the Minister of Home Affairs as well as Tim's guardian

incorrect.
Only the High Court within whose area of jurisdiction a minor resides may
emancipate the minor.
61. Indicate which one of the following entities is not a juristic person
Nkosi and Sons Partnership
62. Indicate which one of the following statements is incorrect.
For birth to be completed it is required that the umbilical cord be severed
63. In terms of the Births and Deaths Registration Act 51 of 1992 the Director-
General of Home Affairs must be notified of the birth of every child who was born
alive This notice must be given within.
30 days of the child's birth.
64. In which one of the following cases did the court find that an agreement that a
child's father would not be responsible for the child's maintenance after birth was
contrary to good morals?
Shields v Shields
65. In which one of the following cases did the court decide that no provision of the
Constitution of the Republic of South Africa, 1996 affords protection to the foetus?
Christian Lawyers Association of South Africa v The Minister of Health
66. Indicate which one of the following statements is correct.
If there is no evidence to the contrary, our courts will find that commorientes died
Simultaneously.
67. This question deals with the duty to bury the deceased Ntando passed away at the
age of 65, leaving behind three hers his sons Madoda and Sandile, and his wife
Tebogo Ntando left clear instructions in his will that, in the event of his death, he
should be buried next to his late mother and father in Bisho in the Eastern Cape
Following his death, his heirs cannot agree on the burial arrangements Madoda wants
to have his father buried in Cape Town, while Sandile wants his father bunted in
Pretoria Tebogo wants to return to her birth town of Mokopong, and wants to bury her
late husband there As their legal advisor, you should advise the family that Ntando
should be buried in
Bisho
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68. Which one of the following attributes or factors influences a person's status in
private law?
Insolvency
69. In Naville v Naville the court held that
foreign military staff could not acquire a domicile of choice in South Africa, however
much they wished to settle here permanently
70. All the statements below deal with domicile. Indicate which one of the following
statements regarding domicile is incorrect?
A person can relinquish his or her previous domicile before acquiring a new
Domicile.
71. In which case did the court hold that soldiers can acquire a domicile of choice at a
place where they are not stationed?
Baker v Baker
72. Anne and Jason have been marred for four years Their marriage ended in divorce
in December 2015 In October 2015 Anne gave birth to a baby boy, Tom Jason does
not believe that he is Tom's father Indicate which one of the following cannot be used
by Jason to rebut the presumption of paternity.
Contraceptives
73. Choose the only incorrect option in terms of the Children's Act 38 of 2005 "care"
refers to
maintaining a personal relationship with the child and communicating with him or her
on a regular basis if he or she lives with someone else.
74. Paul and Mandy have been marred for eight years and have two minor children
Mandy goes to Canada to visit her brother While is Canada Mandy meets Ben and
they have an adulterous relationship Upon her return to South Africa, Mandy
discovers that she is three months pregnant A child, John, is subsequently born In
terms of our law, who would be presumed to be John's father?
Paul is presumed to be the father.
75. Consider the following scenarios in which case is the child considered to be a
child born of unmarred parents?
Gloria and Anna entered into a valid civil union Gloria was artificially Inseminated
with donor sperm and as a result of the artificial insemination gave birth to a baby
boy, Thomas Anna did not consent to the artificial Insemination of Gloria
76. infans an can be defined as

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a child younger than seven years
77. Peter is five years old Indicate which one of the following capacities he has
the capacity to have rights and duties
78. A minor of 14 years can, without parental assistance or consent,
act as witness to a will
79. A minor's guardian will not incur personal lability towards the party with whom
the minor has contracted.
if the minor concluded the contract with the consent of his or her guardian.
80. Indicate which one of the following is not recognised as a legal subject in our law
a conceived, but unborn child
81. Nomsa Khumalo, a single woman, recently gave birth to a baby girl, Thabiso Her
daughter was born as a result of artificial fertilisation making use of a sperm donor,
namely Peter Sibanyone Under which one of the following names will Nomsa be able
to register her baby daughter in terms of the Births and Deaths Registration Act 51 of
1992?
Thabiso Khumalo
82. Penny is 16 years old, unmarred and pregnant She would Ike to have her
pregnancy terminated Whose permission is needed to have her pregnancy terminated?
Penny's informed consent
83. Choose the only incorrect answer Mark has been missing for seven years since he
went surfing and disappeared without a trace off the Namibian Coast Who may
approach the High Court for an order presuming hrs death?
The magistrate of the town where he was domiciled
84. Indicate the only correct option All human beings have
legal capacity
85. Indicate which one of the following statements is correct:
Domicile of origin is the domicile the law confers on a person at the time of birth..
86. Alfred Is a thirty-year-old mentally incapacitated man He was born in Durban and
moved to Cape Town with his parents when he was seven years old, He currently
lives with his girlfriend in Johannesburg Because of his mental incapacity he has a
curator who lives in Pretoria Alfred is domiciled in
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Johannesburg
87. Although parentage is usually based on the biological fact of being genetically
related to the child, section 1(1) of the Children's Act 38 of 2005 expressly excludes
certain categories of persons from legally qualifying as a child's parent. Indicate the
only incorrect option.
The father of the child who had an extra-marital affair with the child's mother.
88. In terms of section 21(1) of the Children's Act 38 of 2005.
an unmarried biological father acquires full parental responsibilities and rights in

respect of his child if he meets certain requirements.
89. With regard to the maintenance of a child born of unmarried parents, which one of
the following examples is incorrect?
If neither parent can support their child, this duty passes to the state.
90. With regard to children born of unmarred parents and succession, choose the only
correct option.
Children who are born of unmarried parents can inherit intestate from their father.
91. Choose the only correct answer in terms of section 19 of the Children's Act 38 of
2005, the biological mother of a child acquires full parental responsibilities and rights
of her child as soon as she gives birth to the child, unless.
she is the child's surrogate mother
92. Choose the only correct option A natural obligation means that
the contract is legally unenforceable
93. Choose the only correct option an infans may be.
delictually liable where liability is not based on fault.
94. The following statements deal with medical treatment and operations of minors
Indicate the only incorrect statement.
A minor below the age of 12 years may have medical treatment without the consent of
his or her guardian, provided that he or she is duly assisted by his or her guardian.
95. In which case did the court hold that a minor, who bought a motorcycle form an
adult without the assistance of his guardian (the minor had misrepresented himself as
emancipated when he concluded the contract), could not reclaim the part of the
purchase price he had already paid?
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Louw v MJ & H Trust (Pty) Ltd 1975 (4) SA 268 (T)
96. Indicate which one of the following agreements is enforceable:
Musa, a 12-year-old boy, owes Mr Ngwenya, a major, 150 Without his guardian's
assistance, Musa concludes an agreement with Mr Ngwenya in terms of which Musa's
debt to Mr Ngwenya s extinguished.
97. Without her guardian's assistance Toni, a 12-year-old girl, concludes a contract
with Nico, a mayor In terms of the contract, Toni sells her watch to Nico Toni delvers
the watch to Nico, after which the contract s repudiated What remedy is available to
Toni in order to reclaim her watch?
Rei vindicatio
98. Pet, a 13 year-old boy, concludes a contract of sale with Mrs Gouws, without the
assistance of his legal guardian In terms of the contract, Mrs Gouws sells a laptop to
Piet for R3 000 The actual value of the laptop at the time of conclusion of the contract
is 3 500 On 5 April, a month after the laptop was delivered to Pet, he sells the laptop
for RR2 500 He spends the R2 500 as follows R 2 200 on liquor for a party (this has
already been consumed), and the remaining R300 on food On 10 April Mrs Gouws
institutes an action against Pet Indicate which amount Mrs Gouws will be able to
claim from Pet on the ground of unjustified enrichment.
R300
99. Use the same set of facts as in question 19 directly above. The only difference is
the date on which action Is instituted Mrs Gouws institutes an action on 4 April
Indicate which amount Mrs Gouws will be able to calm from Pet on the ground of
unjustified enrichment.
R3 500
100. Indicate the only correct statement Sarah is 17 years old and has recently
concluded a valid civil marriage with Tom. who is 21 years old Soon after the
marriage Tom was killed in an aeroplane crash The effect of Tom's death will be that.
Sarah will remain a mayor
101. Which Act governs a minor's capacity to be held criminally accountable?
Child Justice Act 75 0f 2008

102. In which case did the court hold that a person is mentally ill if he or she
understands the nature and consequences of his or her juristic acts but Is motivated by
delusions caused by mental illness?
Lange v Lange 1945 AD 332
103. Consider the following statements regarding the status of a mentally ill person
Indicate which one of the following statements is incorrect.
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A mentally ill person can enter into legal transactions with the assistance of his or
her curator.
104. Choose the only correct option A prodigal's.
will curator cannot make a on behalf of him or her.
105 Indicate which one of the following is recognised as a common law juristic
person In our law
a church
106. A nasciturus can be defined as
a conceived but unborn child or foetus
107. 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?
Shields v Shields 1946 CPD 242
correct:
Any interested party, for example a spouse, can bring an application for a common
law presumption of death order.
109. Legal capacity is
the capacity to appear as a party to a lawsuit
110. 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 place she is most closely connected to
111. 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 consents to enter into a civil union with the child's mother once the child Is
Born.
112. Indicate the correct option in terms of section 1(2) of the Intestate Succession Act
81 of 1987.
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a child born of unmarried parents can inherit intestate from both his or her mother
and father.
113. An infans can be defined as
114. 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 tums out that it is a second
hand scooter. The actual value of the scooter is only RR10 000. Which one of the
following remedies is available to Thabo?
Condictio
115. Indicate which one of the following statements is incorrect.
It a minor concludes a contract with the consent of his or her guardian, the
guardian incurs personal liability for the minor's contract.
116. 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 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.
117. Minority cannot be ended by
entering into a civil union.
118. Billy has been declared mentally ill. During a lucid interval he concludes a
contract with Ben, This contract ...
valid and enforceable
119. A person with normal mental ability who squanders his or her assets in an
irresponsible way Is …
a prodigal
120. Thandi is a twenty-year-old mentally incapacitated girl. Which one of the

following statements regarding her domicile is incorrect?
Since she is mentally incapacitated, she will follow the domicile of her curator.
121. Choose the only correct statement. In terms of section 1(1) of the Domicile Act 3
of 1992.
a married woman acquires a domicile of choice.

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122. In which case did the court hold that the High Court as upper guardian of minors
has an inherent power to order DNA tests in a paternity dispute if the order is in the
child’s best interests?
YM v LB 2010 (6) SA 338 (SCA)
123. In terms of the Children's Act 38 of 2005 guardianship refers to
administering and safeguarding the child's property
124. Penny is a minor and Donald is her guardian. In which one of the following
examples will Donald not incur personal liability in respect of Penny's contract?
Penny concluded a contract with Donald's consent.
125.Bongi is a minor. She wants to enter into a civil union with Tony, who is a major
Which one of the following examples will create a valid civil union?
Bong needs to wait until she is 18 years old
126. The following statements deal with medical treatment and operations of minors.
Indicate the only incorrect statement.
A minor below the age of 12 years may have medical treatment without the
consent of his or her guardian, provided that he or she is duly assisted by his or
her guardian.
127. Without her guardian's consent Jenny, a minor, enters into a contract with Paul, a
major, in terms of which she buys a motorcycle from Paul Which one of the following
examples does not ratify the contract?
Jenny's guardian finds out about the contract afterwards and orders Jenny to give
the motorcycle back.
128. Nelly is 17 years old Which one of the following agreements can Nelly validly
conclude with Bongani (aged 25) without her (Nelly's) guardian's assistance?
An agreement in terms of which Nelly's debt to Bongani is extinguished

A person who is mentally ill for purposes of private law has no capacity to act
130. Choose the only incorrect option When a person's estate is sequestrated
he or she immediately loses his or her capacity to litigate
131. Indicate which one of the following statements is correct.
An interdicted prodigal, who is prohibited from managing his or her own affairs, is
barred from being a director of a company or a trustee of an Insolvent estate
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132. Choose the correct option In modern South African law all beings of human
descent, irrespective of how deformed or disabled they may be are regarded as
legal subjects
133. In which case did the court hold that a child whose father was killed prior to his
or her birth as a result of someone else's delict has a dependant's action for damages
for loss of support against the person who committed the delict?
Chisholm v East Rand Proprietary Mines Ltd 1909 TH 297
134. Which one of the following attributes or factors is not an attribute or factor that
determines a person's status?
Occupation
135. From the following statements that relate to domicile, choose the only correct
option..
A prohibited immigrant cannot acquire a domicile of choice in South Africa, even f

he or she has the intention of settling here permanently.
136. Read the statements below regarding the status of a child who is born as a result
of artificial fertilisation, and choose the only incorrect one..
A child born as a result of the artificial fertilisation of a civil union partner with the
semen of a third party is always a child born of unmarried parents
137. Choose the only correct option In terms of the Children's Act, "contact" refers to
maintaining a personal relationship with the child
138. Which one of the following statements that relate to succession is correct?
A child born of unmarried parents has the capacity to inherit intestate form both
Parents
139. In which one of the following cases did the court, in an obiter dictum, hold that it
Is not always in an individual's interests to know the truth about the identity of his or
her father?
YM v LB 2010 (6) SA 338 (SCA)
140. Legal capacity is
the capacity to appear in a court of law
141. Complete the following sentence If a minor enters into an unassisted contract
which Imposes duties on him or her, he or she is not contractually liable. On the
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minor's side it creates.
a natural obligation
142. Without his guardian's assistance Simon, a 12-year-old boy, concludes a contract
with Rose, a mayor in terms of the contract Simon sells his bicycle to Rose Simon has
already delivered the bicycle to Rose What remedy is available to Simon in order to
reclaim his bicycle?
Rei vindicatio
144. From the statements below that deal with the ways in which a parent or guardian
may assist a minor in contracting, choose the only incorrect option.
The guardian may enter into an antenuptial contract on behalf of the minor.

incorrect.
The onus of proving emancipation rests upon the person who alleges that it has taken
Place
146. Choose the only correct option to complete the sentence When a person's estate
is sequestrated.
all civil proceedings by or against the insolvent are suspended
147. From the following statements that deal with legal subjects, choose the only
incorrect one
In our law, seriously deformed persons are not recognised as legal subjects
148. Which one of the following statements regarding the registration of the births of
children in terms of the Births and Deaths Registration Act 51 of 1992 is incorrect?
The duty to give notice of the child's birth always rests on the child's parents
149. Below follows a list of clauses from testators' wills in each instance C was
already conceived at the time of the testator's death, but was only born alive after the
testator's death Indicate in which one of the following examples C would not be able
to inherit.
"I bequeath my estate to my children A and B"
150. Choose the correct option in terms of the Children's Act 38 of 2005, the term
"parental authority" was replaced by
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parental responsibilities and rights
151. Indicate which of the following persons may not acquire a domicile of choice
an illegal alien
152 Which one of the following is not a way in which a child born of unmarried
parents can acquire the status of a child born of married parents?
an order of the high court where the parents are domiciled
153. Choose the correct option an infans can be defined as
154. Complete the sentence In terms of the Child Justice Act 75 of 2008
a child between the ages of 10 and 14 is presumed to be criminally unaccountable
155. In which case did the court hold that an antenuptial contract that was concluded
without the necessary consent is void and cannot be ratified by the minor or the
minor's guardian once the marriage has taken place?
Edelstein v Edelstein 1952 (3) SA 1(A)
156. The following statements deal with capacity to act Indicate which one of the
following statements is incorrect.
The fact that a curator has been appointed for a deaf person, results in that
person losing his or her capacity to act altogether.
157. In terms of the Children's Act 38 0f 2005, "contact" refers to
maintaining a personal relationship with the child and communicating with him or her
on a regular basis if he or she lives with someone else.
158. In terms of section 21(1) of the Children's Act 38 of 2005
an unmarried biological father acquires full parental responsibilities and rights in

respect of his child if he meets certain requirements.
159. From the statements below that deal with the legal status of an infans, choose the
correct option
An infans is accountable for all delicts committed by him or her where liability is
based on fault
160. Choose the correct option to complete the sentence A guardian.

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the minor acted as the guardian's agent.
161. If a guardian ratifies a contract that a minor initially concluded without the
requisite consent, the result is that
the contract is validated with retroactive effect
162. In which one of the following cases did the court hold that a minor who had
misrepresented himself as emancipated when he bought a motor cycle from a major
without the necessary assistance could not recover the part of the purchase price, he
had already paid?
Louw v MJ & H Trust (Pty) Ltd 1975 (4) SA 268 (T)
163. From the following options that relate to a minor's capacity, choose the only
correct option
A minor can act as someone's agent without the consent of his or her guardian
164. Which one of the following options cannot terminate minority?
17-year-old Andrea enters into a civil union
165. Which one of the following is the curator appointed to look after the mentally ill
person's property?
A curator personae
166. From the following statements regarding the status of a prodigal, choose the only
correct option
An interdicted prodigal may be held liable for crimes and delicts he or she commits.
correct
The court may appoint a curator bonis to administer a missing person's affairs
without pronouncing a presumption of death
168. Choose the correct answer A mentally incapacitated person is domiciled at
the place with which he or she is most closely connected
169. Indicate which one of the following cannot be used by a man to rebut a
presumption of paternity:
He can provide proof that he used contraceptives during sex.
170. Choose the correct answer. The consent of the biological father of a child may be
dispensed with in the case of adoption of a child if.
20ALL GROUPS
the child was conceived as a result of incest
171.Mr and Mrs Maseko, who are both fans of the James Bond movies, have to
register the birth of their son with the Director-General of Home Affairs Which one of
the following examples would be valid in terms of the Births and Deaths Registration
Act 51 0f 1992?
James Maseko
172. In which one of the following cases did the court decide that an action for
prenatal Injuries should be based on the law of delict?
Road Accident Fund v Mtati 2005 (6) SA 215 (SCA)
173. Indicate which one of the following statements with regard to proof of death Is
incorrect.
A presumption of death may only be granted after an absence of at least seven

years.
Commonentes refer to people who died together.
175. Amy s 25 years old and mentally incapacitated She was born in East London and
lived there with her parents until they divorced eight years ago After the divorce, her
mother moved to Port Elizabeth and her father moved to Cape Town Amy has been
living with her sister in Kimberley for the past eight years Amy s domiciled at
Kimberley
176. In terms of the Children's Act 38 of 2005, guardianship refers to
administering and safeguarding the child's property and his or her property
Interests
177. In which one of the following examples would the child be considered a child
born of unmarried parents?
Cecile is married to Calvin They have been trying to conceive a baby for a few years
Without telling Calvin, Cecile visits a sperm bank where she Is artificially fertilised A
son, Michael, is born as a result
178. Which one of the following acts grants an unmarried biological father automatic
parental responsibilities and rights in respect of his child if he lives with the child's
mother in a permanent life partnership when the child is born?
Children's Act 38 of 2005

21ALL GROUPS
179. Which one of the following statements regarding the legal status of an infans is
true?
An infans cannot conclude any juristic act.
180. 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
******************************GOOD LUCK***************************

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LAW OF PERSONS MCQ MEMORANDUM 2022 2ND SEMESTER 29 NOVEMBER

Makwela and Sons Partnership

2. Choose the only correct statement below A presumption of death can be

3. Indicate which one of the following statements regarding presumption of death is

the capacity to appear in court as a party to a lawsuit.

Evidence that he used contraceptives

the marriage will be void

14. Indicate which one of the following statements regarding emancipation is

15. Which one of the following statements is correct?

A person who is mentally ill has no capacity to act

it is unnecessary to use the nasciturus fiction to grant a child an action in respect

The consent of the person's parent, spouse or guardian is required

19. In Naville v Naville it was decided that

registering the child's birth

the fact that contraceptives were used

minor concludes a contract with the consent of his or her guardian

26. Which Act governs a minor's capacity to be held criminally accountable?

Child Justice Act 75 of 2008

27. Indicate which one of the following statements is correct

In all civil cases, a minor must be assisted to litigate.

28. Indicate which one of the following statements is correct

In all civil cases, a minor must be assisted to litigate

29. Indicate which one of the following statements regarding emancipation is

The running of prescription cannot be completed against a person while he or she

Andrew Khumalo (Pty) Ltd

if it is to the advantage of the nasciturus

33. A woman's right to make decisions about reproduction cannot be qualified in

Christian Lawyers Association of South Africa v The Minister of Health

Lindiwe's father buys a tricycle from a dealer on her behalf

40. Indicate the correct statement

Mateo, who is 12 years old, has limited capacity to act

An agreement in terms of which Ntabiseng's debt to Bongani is extinguished.

43. Indicate which one of the following statements is correct

44. Which one of the following does not terminate minority?

entering into a religious marriage

a trustee administers the insolvent's estate

47. a conceived, but unborn child

A nasciturus can be defined as.

50. Legal capacity refers to

the capacity to appear in court as a party to a lawsuit

statements regarding domicile is incorrect?

the fact that contraceptives were used

58. Section 43 of the Basic Conditions of Employment Act 75 of 1997 prohibits

the Minister of Home Affairs as well as Tim's guardian

60. Indicate which one of the following statements regarding emancipation is

Nkosi and Sons Partnership

62. Indicate which one of the following statements is incorrect.

For birth to be completed it is required that the umbilical cord be severed

30 days of the child's birth.

Christian Lawyers Association of South Africa v The Minister of Health

66. Indicate which one of the following statements is correct.

69. In Naville v Naville the court held that

Paul is presumed to be the father.

76. infans an can be defined as

a child younger than seven years

the capacity to have rights and duties

78. A minor of 14 years can, without parental assistance or consent,

act as witness to a will