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Questions and Answers
Will Cynthia be held delictually accountable for the vehicle finance contract, considering her mental illness?
Will Cynthia be held delictually accountable for the vehicle finance contract, considering her mental illness?
- Yes, but only if the dealership was aware of her illness.
- No, she cannot be held liable due to her mental incapacity. (correct)
- No, her actions cannot be linked to delictual liability.
- Yes, she will be completely accountable regardless of her illness.
What distinguishes rebuttable presumptions from irrebuttable presumptions in legal contexts?
What distinguishes rebuttable presumptions from irrebuttable presumptions in legal contexts?
- Both types of presumptions have similar levels of challenge in court.
- Rebuttable presumptions apply only in criminal law, while irrebuttable apply in delict.
- Rebuttable presumptions can be challenged; irrebuttable cannot be refuted. (correct)
- Irrebuttable presumptions are easier to overturn than rebuttable presumptions.
Can an 8-year-old boy, Sandile, be held criminally accountable for killing a toddler?
Can an 8-year-old boy, Sandile, be held criminally accountable for killing a toddler?
- No, children under a certain age are presumed incapable of criminal intent. (correct)
- Yes, but only if he acted with premeditation.
- Yes, all minors can be held liable for their actions.
- No, he is too young for any legal proceedings to take place.
Which category does the right to literary works fall under?
Which category does the right to literary works fall under?
What is required for a subjective right to exist?
What is required for a subjective right to exist?
How can subjective rights be categorized?
How can subjective rights be categorized?
Which of the following is an example of a real right?
Which of the following is an example of a real right?
In terms of liability, what does the term 'delict' refer to?
In terms of liability, what does the term 'delict' refer to?
What must a minor aged 7-18 obtain to perform a juristic act?
What must a minor aged 7-18 obtain to perform a juristic act?
What is meant by 'doli et culpa incapax'?
What is meant by 'doli et culpa incapax'?
Which factor does NOT influence accountability in legal terms?
Which factor does NOT influence accountability in legal terms?
What is one of the essential elements required for delictual liability?
What is one of the essential elements required for delictual liability?
What must be established for criminal liability to be determined?
What must be established for criminal liability to be determined?
In legal terms, what does accountability refer to?
In legal terms, what does accountability refer to?
Who must act on behalf of an insane person to perform a legal act?
Who must act on behalf of an insane person to perform a legal act?
What is considered a necessary component of liability for all legal subjects?
What is considered a necessary component of liability for all legal subjects?
What presumption applies to children under the age of 7 regarding delictual responsibility?
What presumption applies to children under the age of 7 regarding delictual responsibility?
At what age does a child begin to be rebuttably presumed to lack criminal responsibility?
At what age does a child begin to be rebuttably presumed to lack criminal responsibility?
Which of the following summarizes the accountability of children aged 12 to 14 for criminal acts?
Which of the following summarizes the accountability of children aged 12 to 14 for criminal acts?
Children between the ages of 14 and 18 are presumed to:
Children between the ages of 14 and 18 are presumed to:
What is an irrebuttable presumption in the context of legal accountability?
What is an irrebuttable presumption in the context of legal accountability?
Which factor influences a child's accountability for delictual acts?
Which factor influences a child's accountability for delictual acts?
Which of the following impacts a child's capacity to be prosecuted for a crime?
Which of the following impacts a child's capacity to be prosecuted for a crime?
What presumption is applied to children aged 7 to 14 in relation to delictual acts?
What presumption is applied to children aged 7 to 14 in relation to delictual acts?
What is the significance of presumptions in the law regarding children?
What is the significance of presumptions in the law regarding children?
Study Notes
Capacity to Act
- Legal acts performed on behalf of children or insane individuals require a parent, guardian, or curator.
- Insane persons necessitate a curator to perform legal acts due to lack of capacity.
Minors and Limited Capacity
- Minors aged 7-18 have limited capacity and need permission from parents or guardians for juristic acts.
- Example: A minor must obtain consent to marry.
Accountability
- Accountability involves the ability to discern right from wrong, affecting delictual and criminal liability.
- Individuals who cannot distinguish right from wrong are considered doli et culpa incapax (incapable of intention and negligence).
- Fault, through intention or negligence, is essential for establishing delictual liability alongside conduct, wrongfulness, causation, and damage.
- In criminal law, intention or negligence is required for liability, along with conduct, unlawfulness, causation, and criminal capacity.
Factors Influencing Accountability
- Age significantly affects accountability; younger individuals may not grasp the consequences of their actions.
- Insanity at the time of the act impacts an individual’s accountability.
Child Accountability for Delictual Acts
- Children may or may not be held accountable for delictual acts depending on age and responsibility assumptions.
- Children under 7 are irrebuttably presumed to lack delictual responsibility.
- Children aged 7-14 are rebuttably presumed to lack responsibility; those aged 14-18 are rebuttably presumed to possess it.
Child Accountability for Criminal Acts
- The Child Justice Amendment Bill raised the minimum age of criminal capacity from 10 to 12.
- Children under 12 are irrebuttably presumed to lack criminal responsibility and cannot be prosecuted.
- Children aged 12-14 are rebuttably presumed to lack responsibility, while those 14-18 are rebuttably presumed to possess it.
Subjective Rights and Legal Objects
- Subjective rights are essential for regulating legal relationships and require protection.
- These rights are categorized into real rights, personal rights, personality rights, and intellectual property rights for clarity and organization.
- Legal rights require a corresponding legal object, which must also be classified according to shared characteristics.
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Description
Explore the legal definitions and implications regarding the capacity to act for minors and insane persons. Understand how the legal acts must be performed by parents, guardians, or curators for those who cannot represent themselves. This quiz will enhance your knowledge about legal capacities and limitations.
