10 Questions
What is the age of majority as stipulated by Section 17 of the Children's Act?
18
What happens to a minor's status if their marriage dissolves before they turn 18?
They maintain their majority status
What is the term for a minor who is financially independent and self-supporting?
Emancipated minor
What is the main reason why a minor may be liable for fraudulent misrepresentation?
Because they misrepresented their age
What is the term for the process of terminating the parental rights of a minor's parents?
Emancipation
What is the main prerequisite for a minor to be considered emancipated?
They must be financially independent
What is the legal consequence of a minor's emancipation?
They are considered an adult in the eyes of the law
What is the main reason why Zweli may not be considered emancipated?
He is not financially independent
What is the term for a minor's limited capacity to enter into contracts?
Limited capacity
What is the main reason why a minor's contract may be voidable?
Because they lacked capacity to contract
Study Notes
Emancipation
- Emancipation is not a way to terminate minority, and the minor must still obtain parental/guardian consent to marry.
- Emancipation can be withdrawn by a parental/guardian.
- Emancipation is a question of fact that must be proven on a balance of probabilities.
Requirements for Emancipation
- The court considers various factors, including:
- Nature of profession
- Economic independence
- Relationship with parents
- Whether the minor lives with their parents
Case Law: Dickens v Dayley
- The minor was employed, operated his own bank account, and had no contact with his father.
- The court held that a minor can be considered emancipated if their parental/guardian "had abandoned their parental rights in respect of the minor".
- The decision was strongly criticized, as it interpreted a lack of interest on the part of the parent as consent.
Case Law: Sesing v Minister of Police
- The minor was born to unmarried parents, lived with his mother who was an alcoholic, and had no permanent home.
- The minor was injured and sued the Minister of Police without assistance from his guardian.
- The court held that there is a distinction between a minor being allowed to manage their affairs free from parental authority and a minor being left to survive due to neglect and desertion.
- The court ruled that the minor was not emancipated, as lack of interest by the parent is not sufficient for emancipation.
Capacity to Litigate
- A minor has full capacity to litigate in certain instances, such as:
- Being sued for maintenance of a child born out of wedlock in the maintenance court
- Applying to the court for substitute consent to marry if their parental/guardian refuses to give consent
- In most cases, a minor has limited capacity to litigate and can sue or be sued in their own name with the assistance of their parental/guardian.
End of Minority
- A person attains the age of majority when they reach 18, regardless of their gender.
- If a marriage dissolves before the minor reaches 18, they maintain their majority status.
Learn about the requirements and conditions for emancipation of minors, including the role of parental/guardian consent and other factors considered by the court.
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