Problem three. Capacity
Ben and Molly are brother and sister. Last week, Ben turned 15 and Molly turned five.
Their granny came to visit on Saturday afternoon and she gave each of them R 100 with
which to buy a birthday treat. Ben and Mollys parents sugge
page 189 as published
Chapter 2: Parent and child 177
USING LAW
other physical or emotional harm,78 and to respect, protect and promote the childrens rights as set
out in the Bill of Rights.79
Chapter 8 of the Act is concerned with intervention in familie
09.21 Life-partnerships
Reading for this lecture (prescribed)
Butters v Mncora (SCA)
Paixo v RAF (SCA)
Constitution. Bill of Rights
Barratt 2015 Stell LR sections 6.1 & 6.2
Problems 9. 10, 11.
Additional reading if you have time
Volks NO v Robinson
How to get the most use from the electronic course reader
on your computer, laptop, tablet or smartphone
Click on the Bookmarks icon in the left hand
pane (left side of screen) to see the table of
contents
PLEASE NOTE:
This function might not be available
Chapter 4: Minority: how age affects status and capacity 59
What is estoppel?
obiter
The doctrine of estoppel is a very useful legal remedy.
The doctrine provides that where:
1. A has lied; and
2. B has relied on As lie to Bs disadvantage
Then A will
RDL1008H/RDL1009H
LAW OF PERSONS AND FAMILY
TUTORIAL FIVE 2016
DATE: Week Nine of term (Sept 19 Sept 23)
USING IRAC TO SOLVE LEGAL PROBLEMS
QUESTION ONE
Scenario One:
Winona-the-wife and Harvey-the-husband are married in community of property. H has a
gam
Tutorial 4: Binding duty of support:
READING 1: Paragraphs 1-21 of MB v NB: SUMMARY:
Son (S) was adopted = no adoption process.
Only change of name occurred.
They applied for the son to go to the college in Grahamstown = application successful.
Son st
UNIVERSITY OF CAPE TOWN
RDL1008H / RDL1009H LAW OF PERSONS AND FAMILY
TUTORIAL 4 2016
Week: Aug 1 Aug 5
QUESTION ONE
Read paras 1-21 of the case MB v NB (on Vula).
The court concludes that Mr B has a legal obligation to support S (S is Mrs Bs child from a
10 Part 1: Introduction to Law of Persons
dignity
feelings
privacy 13
Where the object of the right is one of
these aspects of personality, the right is a
personality right. Personality rights
operate against the whole world. Everyone
else in the wo
Tutorial 4: Binding duty of support:
QUESTION 1:
Read paras 1-21 of the case MB v NB (on Vula). The court concludes that Mr B has a legal obligation to
support S (S is Mrs Bs child from a previous relationship). How can we define or characterize this
bind
08.06 Delict in marriage
Reading for this lecture:
1.
2.
3.
4.
5.
6.
7.
Matrimonial Property Act sections 18 & 19
Barratt 283-288; 304
Barratt 278-284 (or podcasts 2.1 and 2.2)
Bill of Rights [sections 7, 9,10 and 12]
Van der Merwe v Road Accident Fund (C
Claims brought by 3rd parties based on duty of support
Prep reading for this lecture:
Gammon v McClure (course reader)
Barratt textbook pp 259-266 (but leave out section 2.5.1 on the negotiorum gestio)
Barratt textbook pp 16-17 (section 6.3)
Problem Two (
HeinOnline - 80 U. Det. Mercy L. Rev. 501 2002-2003
HeinOnline - 80 U. Det. Mercy L. Rev. 502 2002-2003
HeinOnline - 80 U. Det. Mercy L. Rev. 503 2002-2003
HeinOnline - 80 U. Det. Mercy L. Rev. 504 2002-2003
RDL1009/9: LAW OF PERSONS AND FAMILY
Course convenor: Amanda Barratt
COURSE OUTLINE
SECOND SEMESTER 2016
MARRIAGE & LIFE-PARTNERSHIPS
LAW OF MARRIAGE AND LIFE-PARTNERSHIPS [RDL1008/9 2nd semester 2016]
What does this course cover and what are its objectiv
Road Accident Fund claimants hit back at
dubious law firm
04 MAR 2016
Lawyers Ronald Bobroff and son Darren have been found guilty of cheating and
overcharging people in need of legal aid after road accidents
The story is the same for many people a horrif
Problem five. Enrichment
Bibi is a 17-year-old schoolgirl who lives with her parents.
One Saturday, Bibis parents go out for the day and Bibi does the following:
She visits Mr Lees jewellery shop and buys a diamond ring which is on sale at the
bargain pri
Problem four: Assistance and restitutio in integrum
[This was an exam question in June 2009]
Fikile is a 17-year-old schoolboy who lives with his parents. Fikiles father is tired of giving
his son a lift to and from the restaurant where Fikile has a part-
Problem One
Preparation assignment for lecture 1
Read the case State v Mshumpa and Another [2008] JOL 21411 (ELC) in your course reader,
and answer the following questions:
1. The two accused (Mr Mshumpa and Mr Best) were charged with the murder of an
unb
Problem two. Delictual remedies. Pre-natal injury
X is a terrible driver. In August 2016 X drove extremely recklessly past Mowbray bus
terminus. He crashed into a group of pedestrians who were crossing at the pedestrian
crossing. One of the injured pedest
page 277 as
published
8
Marital property
Scenario
Pieter and Anna Visser were married for more than forty-five years. This was not a happy
relationship. The couple never divorced, but they lived separately for the last thirty years of the
marriage and Ann
13
Customary
marriages
Elizabeth Shange and Amos Gumede married each other in 1968 in terms of Zulu
customary law. After they married, Mrs Gumede did not work outside the home. Instead,
she devoted herself to running the household and raising the couples
11
Economic
consequences of
divorce
page 335 as
published
Scenario
Robert and Valerie Beaumont1 married out of community of property in the mid-1960s. Like
most middle-class wives of her time, Valerie stopped working outside of the home when her
children
7
Personal
consequences of
civil marriage
page 255
as
published
Scenario
In 1923, Ida McClure and Charles Gammon met on board ship travelling from England to Cape
Town. They fell in love. Charles was engaged to be married to a girl in England, but he brok
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
IN THE SOUTH GAUTENG HIGH COURT, JOHANNESBURG
(REPUBLIC OF SOUTH AFRICA)
CASE NO. 2008/25274
In the ma
BANNATYNE v BANNATYNE (COMMISSION FOR GENDER EQUALITY, AS
AMICUS CURIAE) 2003 (2) SA 363 (CC)
Judgment
MOKGORO J:
Introduction
[1] This case concerns the responsibility of the Judiciary to ensure that maintenance orders
are observed. Ms Nadena Bannatyne,
09.28 Marriage and the Constitution
This lecture refers to:
Constitution: Bill of Rights; and section 211(3)
Dawood v Minister Home Affairs [Prescribed case]
Min Home Affairs v Fourie
Marriage Act & Civil Union Act
De Vos Inevitability of same-sex marriag
14 Part 1: Introduction to Law of Persons
On the whole, it is not possible to choose which of these groups you belong to.42 All 17-year
olds fall into the class minors for example.43 Furthermore, once the law assigns you to a class and
thus gives you a pa
