PVL1501 Cases - Key Legal Principles

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Questions and Answers

What principle refers to the refusal of the court to order blood tests for paternity in this case?

Maternal Autonomy Principle

Best Interest of the Child Doctrine

Legal Paternity Presumption

Exception Plurium Concubentium (correct)

Under what condition can a court order blood or DNA tests to determine paternity?

If the couple was married at the time of conception

If there is a dispute over paternity in the child's best interest (correct)

If the alleged father pays child support

If the mother's wishes are disregarded

What was the outcome of the adoption case involving Fraser and the child?

The adoption order was set aside, viewed as unconstitutional. (correct)

Fraser was declared the legal guardian after the dispute.

The adoption was finalized as the mother had full rights.

The court upheld the adoption due to the repealed act.

Which section of the Children's Act provided clarity regarding the paternity of children from same-sex partners?

Section 40 Signup and view all the answers

What was the primary reason the court did not order blood tests in the case of S V L?

There was no formal dispute over paternity established. Signup and view all the answers

What was the outcome of the BLOOD TEST CASE regarding paternity tests?

Blood tests were refused to protect the child's relationship with her father. Signup and view all the answers

What legal concept applied in the case of ROAD ACCIDENT FUND V MTATI?

Ordinary law of delict Signup and view all the answers

In the context of the CHILDRENS ACT, how is a child born to same-sex partners NOT in a civil union categorized?

As a child born to unmarried parents. Signup and view all the answers

In the case EX PARTE VS BOEDEL STEENKAMP, what was the primary issue regarding the testator's estate?

The executor must have intended for the unborn child to inherit. Signup and view all the answers

What did the court decide in the EX PARTE BEAGLEHOLE case regarding the presumption of death?

The court allowed distribution without a presumption of death. Signup and view all the answers

What was the main legal challenge presented in the case of CHRISTIAN LAWYERS ASSOCIATION OF SA V MINISTER OF HEALTH (1998)?

Striking down of the Termination of Pregnancy Act. Signup and view all the answers

What was the outcome of the MOTAN V JOOSUB case regarding maintenance obligations?

Only maternal grandparents were liable for maintenance. Signup and view all the answers

In the case FS V JJ (2011), what was significant about the living arrangements of the child involved?

The child had moved frequently between different caretakers. Signup and view all the answers

What determines a prisoner's domicile when they are incarcerated, as per the NEFLER V NEFLER case?

The location of the prison they are incarcerated in. Signup and view all the answers

What significant outcome was declared in the PETERSEN V MAINTENANCE OFFICER case?

Unmarried father's parents could be held liable for child's maintenance. Signup and view all the answers

In the case EX PARTE EMMERSON, what type of testing was ordered after the father's accidental death?

Blood, skin, and muscle DNA testing Signup and view all the answers

In the context of estate distribution, what did the court refuse in the EX PARTE PIETERS case?

To create a precedent for presumption of death orders. Signup and view all the answers

What was the main legal argument in the case M V R regarding the blood tests?

It was argued to be in the child's best interest. Signup and view all the answers

What principle regarding the interest of the child was emphasized in the BLOOD TEST CASE?

Maintaining the child's loving relationship outweighs proving biological connections. Signup and view all the answers

What privacy concern arose in the case D V K regarding the real father's paternity testing?

Rights of the child violated constitutional principles. Signup and view all the answers

Which act was referenced in the context of guardianship in the case FS V JJ?

Natural Fathers of Children Born Out of Wedlock Act 96 of 1997 Signup and view all the answers

What was the outcome of the case LOUW VS MJ & H TRUST (PTY) LTD regarding the minor's misrepresentation?

The minor was held liable for damages. Signup and view all the answers

In EDELSTEIN V EDELSTEIN, what was the court's ruling regarding the minor's antenuptial contract?

The court deemed the contract void due to lack of parental consent. Signup and view all the answers

What was the premise for the cancellation of the sale in WOOD V DAVIES?

The minor felt the sale prejudicial to his interest as the capital went to his children. Signup and view all the answers

In the case of DICKENS V DALEY, what did the minor argue regarding his involvement in the contract?

The contract was invalid due to his inability to provide consent. Signup and view all the answers

What was the main reason the court found in favor of the minor in WATSON V KOEN?

The minor successfully proved his minority status. Signup and view all the answers

What key factor led to the dismissal of the applicant's claim in the case of DICKENS V DALEY?

The court ruled the minor was emancipated. Signup and view all the answers

Which reasoning did the court use to address the minor's appeal in WATSON V KOEN?

The respondent's claim of emancipation lacked sufficient proof. Signup and view all the answers

What did the court ultimately decide in WOOD V DAVIES with respect to the sale of the house?

The cancellation of the sale was granted due to the minor's financial concern. Signup and view all the answers

What was the basis for the annulment in the case of Lange v Lange?

The husband was mentally ill at the time of the wedding. Signup and view all the answers

In the case of Shange v MEC for Education Kwazulu Natal, what affected the claim regarding the minor's age?

The legislation changed the age of majority. Signup and view all the answers

What was determined in Shields v Shields regarding maintenance for an unborn child?

An unborn child has no right to maintenance. Signup and view all the answers

In Chisholm v East Rand Proprietary Mines, what issue was central to the case?

Loss of maintenance for an unborn child. Signup and view all the answers

What was the outcome for the Christian League of Southern Africa regarding the unborn child in their case?

Their request to seek legal protection for the unborn child failed. Signup and view all the answers

In Naville v Naville, what principle was established regarding domicile of choice for diplomats?

Diplomats can choose their domicile after their contract ends. Signup and view all the answers

During the case of Smith v Smith, what was a key factor regarding prohibited immigrants?

Country laws allowed them to reside under specific conditions. Signup and view all the answers

What is indicated by the case of Cook v Cook regarding domicile of choice?

Permanent residency implies domicile for divorce proceedings. Signup and view all the answers

In the instance of Eilon v Eilon, what aspect of domicile was evaluated?

Domicile based on employment agreements. Signup and view all the answers

What was the primary issue faced by the parties in Grindal v Grindal regarding domicile?

Determining the applicable domicile amid moving between countries. Signup and view all the answers

Study Notes

PVL1501 Cases - Important Notes

Road Accident Fund v Matati: This case deals with injuries to a baby caused by an accident during pregnancy (ordinary delict principles apply).
Pinchin v Santam Insurance Co: This case highlights the legal protection of an unborn child using the nasciturus fiction (a legal concept recognizing a fetus's future legal rights).
Ex Parte Steenkamp: A testator left their estate to grandchildren, unaware of the pregnancy of the daughter. The executor argued the estate should also include the new baby.
Christian Lawyers Association of SA v Minister of Health (1998/2004): These cases concern the termination of pregnancy, specifically challenging legislation regarding the right to abortion.
FS v JJ (2011): A case involving guardianship of a child, disputing the rights of grandparents versus parents, considering the child's best interests and relevant legislation.
Ex Parte Emmerson: This case involved ordering DNA testing to determine paternity in a case of a deceased person.
MVR: This case mentions the court order for blood tests in a child's best interest.
DVK: This case explored the right of a child to parental care, competing constitutional rights, and the refusal of blood tests to determine paternity.
SVL: This case concerned a refusal of court-ordered blood tests to confirm paternity when the mother objected.
YM v LB: This case addresses the court's power to order blood tests in cases of paternity disputes, prioritizing the child's best interests.

Exceptions and Other cases

FVL: This case addresses paternity disputes arising from multiple consensual sexual partners, a claim rejecting additional persons as the father.
Fraser v Childrens Court: This case dealt with a child's adoption order being set aside due to unconstitutional issues in the child care acts and the mother's unilateral decision over the adoption process
J v Director General Home Affairs: This relates to the rights of same-sex partners in forming a child. (Re-enactment of child's act).
Seatal v Pravitha: This specifically addresses the case where the court decided against blood testing to determine paternity as it could harm the relationship with a partner.
Nefler v Nefler: This case addresses domicile and the implications for prisoners, and domicile for the end of the imprisonment.
Ex Parte Beaglehole: This case handles a presumption of death issue for a missing testator. The executors tried to obtain an order to declare the testator legally deceased.
Ex Parte Pieters: The estate distribution, if the missing father was deemed dead or not.
Motan v Joosub: This case specifically deals with a claim for the liability of maintenance of offspring with unmarried parents, focusing on the maternal grandparents.
Petersen v Maintenance Officer: This concerns unmarried parents' responsibility for their child's maintenance, examining the extent to which parents are required to financially support their child.
Louw v MJ & H Trust (Pty) Ltd: This case is about a minor misrepresenting age to purchase an item and the contract's validity. The seller was permitted to sue for damages because of false representations.
Edelstein v Edelstein: An antenuptial contract made by the minor was deemed void due to a lack of parental consent.
Wood v Davies: A minor challenging the validity of an inheritance agreement, claiming it unfairly diminished their inheritance rights.
Dickens v Daley: This court case included a cheque issue and other issues, but the minor successfully avoided responsibility for the contract due to the lack of capacity for contract making.
Watson v Koen: A case that explored the legal capacity of a minor and whether a minor can be classified as emancipated, and to determine if they have the right to enter into a binding agreement.
Lange v Lange: This involved a marriage annulment due to mental incapacity at the time of marriage.
Shange v MEC for Education, KwaZulu Natal: This case dealt with prescription (the amount of time to take action) and minors' rights, and the effects of a change in age law upon a claim.
Shields v Shields: The case relates to a claim for maintenance but cannot be waived for an unborn child.
Friedman v Glicksman: The case examined the responsibility of a doctor when the pregnant woman is trying to sue him for issues with unborn child.
Chisholm v East Rand Proprietary Mines: This case focused on the loss of support for a child in cases of death of a parent or legal guardian.
Christian League Southern African v Rall: The court considered a situation where a curator was required for an unborn child in the event of a controversial termination.
Naville v Naville/Smith v Smith/ Van Rensburg v Ballinger/ Cook v Cook/ Eilon v Eilon: These cases discuss different aspects of domicile and choosing the place where one intends to be domiciled for the purposes of a court case (especially regarding residency of individuals and implications for marriage/divorce), the status of an immigrant.
Grindal v Grindal/ Baker v Baker/ McMillan v McMillan: These cases further explored the concepts of domicile and origin, and the status of a soldier or individuals in similar circumstances.

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Description

This quiz covers important legal cases studied in PVL1501, highlighting critical issues related to road accidents, the rights of unborn children, guardianship, and abortion legislation. Each case presents unique challenges and legal interpretations, providing fundamental insights into South African law.