W v M summary
A damages claim was instituted by Albertus Wiese against Chris Moolman who allegedly had
an adulterous relationship with Wiese's wife Lente between April 2001 and May 2002. The
couple (Wiese) divorced in August 2003 as a result of the affair
Gov SA v Grootboom
Certain rights are subject to progressive realisation
Considered Section 28(1)(c) and held that it must be read in context as follows:
Section 28(1)(b): every child has the right to family care or parental care.
Section 28(1)(c): every
LAW OF PERSONS AND TH FAMILY
SECTION 8: PARENT AND CHILD IN LAW
BARRATT PP. 177-206
1. The Rights and Best Interests of the Child
S28 of the Constitution details the rights of children and the Childrens Act is the legislative mechanis
2.1 General Reading:
Beginning of Legal Personality: begins at birth. Before birth foetus is part of the
mother. Requirements for beginning of legal personality (gain rights and duties): (1) birth
fully completed resulting in complete separation.
3.1 General Reading
Legal personality of a person is terminated on death. No legal definition of death exists,
fact and moment of death is determined by medical evidence. Proof of death is important
for two reasons: (1) on death estate is adminis
CHILDRENS ACT 38 OF 2005
CHAPTER II & III
SECTIONS 1, 7, 9, 17-32
care , in relation to a child, includes, where appropriate:
(a) within available means, providing the child with:
(i) a suitable place to
LAW OF PERSONS AND THE FAMILY
5: DOMICILE (BARRATT 116-130)
The Domicile Act 3 of 1992
[This Act is not retrospective in effect and there could still be situations where the old common law rules apply.]
1. Domicile of Choice
(1) Majors can acquire
Mental Illness or Disability
Mental Health act is to ensure that the treatment of the mentally ill is not
unconstitutional. Those classified as mentally ill are treated differently in law. Is
this unfair? No, it is primarily for their own protection. Usua
Private Law: governs rights and duties between persons by defining them and
dealing with their origin, content and exercise. Essentially it deals with legal
relationships between private persons
Public Law: governs relationshi
MENTZ V SIMPSON
HEFER JA WITH BOTHA JA AND GROSSKOPF JA CONCURRING
This case illustrates several important characteristics of the common-law duty of support (see Barratt: 190-192),
including the emphasis on direct biological (blood
What is a Person-And why does this matter ?
The word person as defined in law is someone or something that can have legal rights and
duties .As Boberg puts it, A person may be defined as a being , entity or association which
is capable of having legal rig
Capacity of Tom?
Was he an assisted minor or was he an agent ?
Who owns the ewes and lambs(Property)?
Who owns the Cow(Property)?
Claim Marry has?
Claim Sally Has?
1. Capacity of Tom
Rule: Minors are under 18 (Childrens Act 17)
Apply: Can imp
1) The right to equality due to the discrimination between the parental rights of
unmarried mothers , married fathers and that of unmarried fathers, Constitution s9(3)
The state may not unfairly discriminate directly or indirectly against anyone on one or
LAW OF PERSONS AND THE FAMILY
1. Status and Capacity (Barratt 10-14, 16, 18, 39-40, 69-70)
Legal capacity refers to a persons ability or competence to perform certain acts that have legal consequences. The major