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What is required for a person to have capacity to act?
What is required for a person to have capacity to act?
The person must be aware of the nature and consequences of their actions.
What is the burden of proof in determining capacity?
What is the burden of proof in determining capacity?
The burden of proof is on the person claiming that the other party did not have capacity.
What is the impact of mental illness on capacity?
What is the impact of mental illness on capacity?
A person with mental illness may not have capacity to perform juristic acts.
What happens to a contract entered into by a person without capacity?
What happens to a contract entered into by a person without capacity?
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What is required for a mentally ill person to litigate?
What is required for a mentally ill person to litigate?
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What offices cannot be held by a person without capacity?
What offices cannot be held by a person without capacity?
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What is the effect of mental illness on the capacity to make a will?
What is the effect of mental illness on the capacity to make a will?
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What happens to a marriage entered into by a person without capacity?
What happens to a marriage entered into by a person without capacity?
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What is a key characteristic of a person who is considered a prodigal?
What is a key characteristic of a person who is considered a prodigal?
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What is the main consequence of a person's assets being squandered due to reckless behavior?
What is the main consequence of a person's assets being squandered due to reckless behavior?
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What must be done in addition to declaring someone a prodigal to limit their capacity to act?
What must be done in addition to declaring someone a prodigal to limit their capacity to act?
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What is the legal status of a prodigal after an interdict is obtained?
What is the legal status of a prodigal after an interdict is obtained?
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In terms of the law, what happens when a person is mentally ill?
In terms of the law, what happens when a person is mentally ill?
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What is the purpose of having a curator in a prodigal's case?
What is the purpose of having a curator in a prodigal's case?
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Can a prodigal enter into a contract without a curator?
Can a prodigal enter into a contract without a curator?
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How does the Mental Health Care Act 17 of 2002 define mental illness?
How does the Mental Health Care Act 17 of 2002 define mental illness?
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What is the effect of a court declaring someone a prodigal on their capacity to litigate?
What is the effect of a court declaring someone a prodigal on their capacity to litigate?
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What is the purpose of the Mental Health Care Act 17 of 2002?
What is the purpose of the Mental Health Care Act 17 of 2002?
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What is the effect of a declaration of mental illness on a person's capacity?
What is the effect of a declaration of mental illness on a person's capacity?
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What is the legal term for a person who is appointed to manage a prodigal's estate?
What is the legal term for a person who is appointed to manage a prodigal's estate?
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How does the court determine whether a person was mentally ill at the time of a juristic act?
How does the court determine whether a person was mentally ill at the time of a juristic act?
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Who has the onus of disproving the presumption of capacity?
Who has the onus of disproving the presumption of capacity?
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What is the significance of a lucid interval in determining mental illness?
What is the significance of a lucid interval in determining mental illness?
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How does the court assess each transaction involving a mentally ill person?
How does the court assess each transaction involving a mentally ill person?
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What is the impact of temporary management on a person's capacity to litigate?
What is the impact of temporary management on a person's capacity to litigate?
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What types of property vest in a trustee?
What types of property vest in a trustee?
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Can a person under temporary management hold certain positions?
Can a person under temporary management hold certain positions?
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Is a person under temporary management accountable for delicts and crimes?
Is a person under temporary management accountable for delicts and crimes?
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How does physical disability affect a person's capacity to act?
How does physical disability affect a person's capacity to act?
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What is the role of a curator in relation to a physically disabled person?
What is the role of a curator in relation to a physically disabled person?
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What is required for a valid transaction to take place when a person is physically disabled?
What is required for a valid transaction to take place when a person is physically disabled?
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Can a physically disabled person enter into a valid transaction?
Can a physically disabled person enter into a valid transaction?
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Under what conditions can a person be considered to have no contractual capacity?
Under what conditions can a person be considered to have no contractual capacity?
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What is the effect of intoxication on a person's ability to litigate?
What is the effect of intoxication on a person's ability to litigate?
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Can a person who is intoxicated hold certain offices?
Can a person who is intoxicated hold certain offices?
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Is intoxication an excuse for committing delicts or crimes?
Is intoxication an excuse for committing delicts or crimes?
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What is the impact of intoxication on a person's capacity to enter into a contract?
What is the impact of intoxication on a person's capacity to enter into a contract?
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Can a person who is intoxicated be held accountable for their actions?
Can a person who is intoxicated be held accountable for their actions?
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What is the significance of a person's ability to distinguish between right and wrong in relation to intoxication and criminal liability?
What is the significance of a person's ability to distinguish between right and wrong in relation to intoxication and criminal liability?
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Is intoxication a permanent or temporary condition in relation to capacity to litigate?
Is intoxication a permanent or temporary condition in relation to capacity to litigate?
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Study Notes
Mental Illness
- Mental illness is not attached to consequences of a person's acts or expressions of will.
- The Mental Health Care Act 17 of 2002 defines mental illness as a positive diagnosis made by a mental health practitioner.
- The Act deals with the care, treatment, and rehabilitation of mentally ill persons, distinct from issues of capacity.
Effect of Declaration of Mental Illness
- A declaration of mental illness is not conclusive proof, but shifts the onus of proof to the person alleging mental illness.
- The court will make a decision based on medical, psychological, and other evidence.
Impact of Mental Illness on Capacity
- A person with mental illness has no capacity to perform juristic acts if they do not understand the nature and consequences of their actions.
- Conclusion of contracts: no contractual capacity, VOID contract, and returning any performances given.
- Conclusion of marriage: VOID, and persons are not married, with the matrimonial property regime not effective.
- Capacity to litigate: no capacity, needs curator ad litem, unless during a lucid interval.
- Capacity to hold office: cannot hold certain offices, such as curator of an insolvent estate or director of a company.
Impact of Intoxication
- A person intoxicated to the extent of not being of sound mind has no capacity to perform juristic acts.
- Conclusion of contracts: no contractual capacity, VOID contract, and returning any performances given.
- Capacity to litigate: no capacity, needs curator ad litem, but usually, it's a temporary condition.
- Capacity to hold office: cannot hold certain offices where the holding of office relates to performing juristic acts.
Prodigality
- A prodigal is a person with normal mental ability who squanders their assets in an irresponsible and reckless way due to some defect in their power of judgment.
- A declaration of prodigality must be coupled with an order restraining the person from administering their estate to affect their capacity to act.
Physical Disability
- Physical disability, in itself, does not affect a person's capacity to act or other capacities.
- A person with a physical disability can still perform juristic acts and is accountable for delicts and crimes.
- A curator may be appointed to assist the person if they find it difficult or impossible to handle their affairs.
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Description
This quiz covers the definition of mental illness and its effects according to the Mental Health Care Act 17 of 2002. It explores the consequences of mental illness and how it is diagnosed by authorized practitioners.