UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG

EXAMINATIONS: JUNE 2007

SUBJECT, COURSE AND CODE: LAW OF PERSONS (LAWS2LP)

DURATION: 2 HOURS TOTAL MARKS: 70

External Examiner: Prof A Boshoff

Internal Examiner: Ms W Banoobhai

STUDENTS ARE REQUESTED, IN THEIR OWN INTEREST, TO WRITE

LEGIBLY

PLEASE NOTE: This question paper consists of 2 pages. Please see that you have
them both.

ANSWER ALL QUESTIONS

Refer in your answers to relevant case law.

QUESTION 1 (30 Marks)

ANSWER ALL QUESTIONS

1.1 Write a note in which you discuss the factors that a court will take into
account before it will grant an order of presumption of death in terms of the
common law.
Include in your answer a discussion of the effects of the order.
(10)

1.2 The Domicile Act 3 of 1992 makes provision for two kinds of domicile : a
domicile of choice; and a domicile by operation of the law. Write a note in
which you distinguish these and explain what the requirements for a ‘domicile
of choice’ are.
(10)

1.3 Write a note in which you explain the nasciturus fiction and how it has been
applied in South African law.
(10)

…/Question 2
UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG,
EXAMINATIONS: JUNE 2007
SUBJECT: LAW OF PERSONS
PAGE 2

Question 2 (20 Marks)

2.1 Mr French and his minor son Tim entered into a contract to buy 250 shares
each in Country Company. Mr French was present when his son concluded the
contract and was aware that his son was buying shares in the company. Tim
subsequently experienced financial difficulties and could not pay the full
purchase price. As a result of Tim’s failure to pay, the Company issued
summons against Tim. Tim at this point raised the defence that he was a minor
when he entered into the contract. The company withdrew the action against
Tim and subsequently sued Mr French for the outstanding amount.

Mr French does not believe that he is liable for the money outstanding
and approaches you for advice. Advise him of his chances of successfully
defending the action.
(20 marks)

QUESTION 3 (20 marks)

3.1 Samantha is having an affair with Harry and Peter. She subsequently falls
pregnant and is convinced that Harry is the father of the child. Harry believes
her and they get married. After the child is born its red hair and green eyes are
those of Peter and not Harry, who is blond and blue eyed.

a) Discuss the factors that could be used by Harry to discharge the onus of proof
placed on him by the presumption pater est quem nuptiae demonstrant.
(15 marks)

b) Peter seeks an order declaring him to be the natural father of the child by
virtue of the presumption contained in section 1 of the Children’s Status Act
82 of 1987.
Advise Peter as to whether he will be successful in his application
(5 marks)