Deceased Person Declarations

Play an AI-generated podcast conversation about this lesson

What is the admissibility criteria for a deceased person's declaration concerning public or general rights?

The declaration must have been made before the dispute arose and the declaring person must have been competent to make the declaration.

Under what circumstances can evidence be brought if the rights are in dispute?

The declaring person must be deceased, the declaration must have been made before the dispute arose, the declaration should deal with the disputed existence of a public or general right, and the declarant should have been competent to make the declaration.

What is the difference between a general right and a public right?

A general right affects a particular class of persons, while a public right can be exercised by the public at large.

What was the significance of the ancient Australian case of Millipum vs. Nebalco?

<p>The court permitted testimony made by an aborigine concerning the rights of various tribes to particular areas of land.</p> Signup and view all the answers

Provide an example of a case where a deceased person's declaration was admitted as evidence.

<p>In the case of Du Toit vs. Lindenburg Municipality 1909 TS 527, the boundaries of a township were proved by the evidence of a deceased old resident who had known the beacons for about 40 years and pointed them out to his son before his death.</p> Signup and view all the answers