Podcast
Questions and Answers
Which case addresses the consideration of other factors along with age and bad health?
Which case addresses the consideration of other factors along with age and bad health?
- Ex parte Smith
- Ex parte Russell (correct)
- Ex parte Graham
- Ex parte Johnson
What case is cited in relation to the sequence of death?
What case is cited in relation to the sequence of death?
- Ex parte Graham (correct)
- Ex parte Russell
- Ex parte Taylor
- Ex parte Miller
Which elements are considered in Ex parte Russell besides other factors?
Which elements are considered in Ex parte Russell besides other factors?
- Wealth and Social Status
- Age and Wealth
- Age and Bad Health (correct)
- Bad Health and Wealth
Which case discusses the legal implications of mental illness?
Which case discusses the legal implications of mental illness?
What principal issue is associated with Ex parte Graham?
What principal issue is associated with Ex parte Graham?
In which case can criminal liability be escaped due to intoxication?
In which case can criminal liability be escaped due to intoxication?
Which of the following is not a factor considered in Ex parte Russell?
Which of the following is not a factor considered in Ex parte Russell?
Which case involved the issue of domicile requiring residence to be indefinite?
Which case involved the issue of domicile requiring residence to be indefinite?
Which case pertains to the physically disabled and the issue of consent?
Which case pertains to the physically disabled and the issue of consent?
In the context of presumption of death, which case asserted that there is no fixed period?
In the context of presumption of death, which case asserted that there is no fixed period?
Which case is associated with the Law of Succession in the context of Nasciturus Fiction?
Which case is associated with the Law of Succession in the context of Nasciturus Fiction?
In matters of unassisted contracts, which case is notable for its contribution?
In matters of unassisted contracts, which case is notable for its contribution?
Which of the following cases deals with proving emancipation?
Which of the following cases deals with proving emancipation?
The Ormed Criteria are relevant in the context of which legal concept?
The Ormed Criteria are relevant in the context of which legal concept?
In the context of Nasciturus Fiction, which case pertains to the law of delict?
In the context of Nasciturus Fiction, which case pertains to the law of delict?
Study Notes
Nasciturus Fiction
- Applies to the Law of Succession and Law of Delict
- Recognizes a fetus as a person for legal purposes, with certain rights and duties
- Established in Ex Parte Boedal Steenkamp and Pinchin v Santam
Unassisted Contract
- A contract that is not supported by consideration
- Examples: Baqwa v Babekg, Edelstein v Edelstein, and Limping Centre
Emancipation
- Factors to be considered when determining emancipation: S v Minister of Police and Dickens v Daley
- Emancipation must be proved, and the burden of proof lies on the party alleging it
Transsexualism
Mental Illness
- Ormed Criteria: psychological aspects of transsexualism
- W v W and SinB v Simm: cases related to transsexualism and mental illness
- Lange v Lange: a case that highlights the complexity of transsexualism
Intoxication
- Van Metzinger v Badenhorst: a case that dealt with the duration of intoxication
- S v Chretein: a case that established that intoxication can be used as a defense to escape criminal liability
- Intoxication can be a defense, but it must be proven that the person was so intoxicated that they did not have the capacity to form the necessary intent
Physically Disabled
- Ex Parte Wilson: a case that dealt with the issue of consent in relation to physically disabled persons
Domicile
- Johnson v Johnson and 3 Eilon v Eilon: cases that established the requirement for a person's residence to be indefinite
- Domicile is a person's permanent residence, which they must not contemplate ending
Presumption of Death
- Le Boeglehole, ex parte Pieters: a case that established the principle of no fixed period for the presumption of death
- Ex Parte Russell: a case that considered other factors, including age and bad health, when determining the presumption of death
- The presumption of death can be rebutted by evidence to the contrary
Sequence of Death
- Ex Parte Graham: a case that dealt with the issue of determining the sequence of death in cases where multiple people die simultaneously
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Description
This quiz covers key concepts in the Law of Succession and Delict, including Nasciturus Fiction, Unassisted Contracts, and Emancipation. It explores legal principles and case studies in South African law.
