Law of Succession and Delict

Which case addresses the consideration of other factors along with age and bad health?

What case is cited in relation to the sequence of death?

Which elements are considered in Ex parte Russell besides other factors?

Which case discusses the legal implications of mental illness?

What principal issue is associated with Ex parte Graham?

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 case involved the issue of domicile requiring residence to be indefinite?

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?

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?

Which of the following cases deals with proving emancipation?

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?

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

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.