Legal Capacity of Minors and Insane Persons

Questions and Answers

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?

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?

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?

Intellectual property rights Signup and view all the answers

What is required for a subjective right to exist?

It must be linked to a legal object. Signup and view all the answers

How can subjective rights be categorized?

By the kind of legal relationship they regulate. Signup and view all the answers

Which of the following is an example of a real right?

The right to lease a property Signup and view all the answers

In terms of liability, what does the term 'delict' refer to?

A wrongful act causing harm to others. Signup and view all the answers

What must a minor aged 7-18 obtain to perform a juristic act?

Permission from parents or guardian Signup and view all the answers

What is meant by 'doli et culpa incapax'?

Incapable of forming requisite intention or negligence Signup and view all the answers

Which factor does NOT influence accountability in legal terms?

Social status Signup and view all the answers

What is one of the essential elements required for delictual liability?

Fault, which can be intention or negligence Signup and view all the answers

What must be established for criminal liability to be determined?

Presence of a guilty mind (mens rea) Signup and view all the answers

In legal terms, what does accountability refer to?

The ability to distinguish right from wrong Signup and view all the answers

Who must act on behalf of an insane person to perform a legal act?

Curator Signup and view all the answers

What is considered a necessary component of liability for all legal subjects?

Conduct that is wrong or unlawful Signup and view all the answers

What presumption applies to children under the age of 7 regarding delictual responsibility?

Irrebuttably presumed to lack delictual responsibility Signup and view all the answers

At what age does a child begin to be rebuttably presumed to lack criminal responsibility?

Under 12 Signup and view all the answers

Which of the following summarizes the accountability of children aged 12 to 14 for criminal acts?

Rebuttably presumed to lack criminal responsibility Signup and view all the answers

Children between the ages of 14 and 18 are presumed to:

Possess both criminal and delictual responsibility Signup and view all the answers

What is an irrebuttable presumption in the context of legal accountability?

A presumption that cannot be challenged or refuted Signup and view all the answers

Which factor influences a child's accountability for delictual acts?

The child's age Signup and view all the answers

Which of the following impacts a child's capacity to be prosecuted for a crime?

Age and the nature of the crime Signup and view all the answers

What presumption is applied to children aged 7 to 14 in relation to delictual acts?

Rebuttably presumed to lack responsibility Signup and view all the answers

What is the significance of presumptions in the law regarding children?

To protect vulnerable individuals from being unfairly charged Signup and view all the answers

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.