Chapter 6: Age

Question 1

.STATUS

Answer 1

Legal subjects standing in the legal word/ sum total of the capabilities of a legal subject in terms of the objective law, which allows the legal subject to participate in legal intercourse.

Question 2

INFANS

Answer 2

A child below the age of seven years

Question 3

MINOR

Answer 3

A person above the age of 7

Question 4

MAJOR

Answer 4

Person that reaches the age of 18

Question 5

JURISTIC ACT

Answer 5

An act to which the law attaches the same consequences as those which were intended by the acting parties.

Question 6

WHAT IS THE BASIS FOR THE COMING INTO EXISTENCE OF A CONTRACT

Answer 6

Age

Question 7

VOID CONTRACT

Answer 7

A void contract is one which in the eyes of the law never came into existence.

Question 8

POSITIVE INTERESSE

Answer 8

The total interest which a contractual party has in the other party fulfilling his or her contractual obligations

Question 9

STATUS QUO ANTE

Answer 9

The previously existing state of affairs.

Question 10

NEGATIVE INTERESSE

Answer 10

Parties can claim that they be placed in the same position as they were before the conclusion of the contract

Question 11

VOIDABLE CONTRACT

Answer 11

A contract which legally comes into existence, but a party can choose whether they want the contract to be void.
**Through misrepresentation

Question 12

LEGAL CAPACITY OF INFANS

Answer 12

Has limited legal capacity. Has legal capacity to hold office of ownership

Question 13

CAPACITY TO ACT OF THE INFANS

Answer 13

Infans have no personal capacity to act-therefore cannot conclude any legal act. Only way they can participate in legal intercourse is if his/her parent or guardian performs the juristic act (concluded contract) on the infans behalf. Infans is the contracting party and not his guardian or parents.

Question 14

CONSEQUENCES OF A VALID CONTRACT CONCLUDED BY THE INFANS

Answer 14

For breach of contract The infans or other party can:

• claim for specific performance.
• claim cancellation of contract and also claim return of any performance
• claim for damages, positive interesse (same position that he/she would have been in had the contract been compiled with.

Question 15

CONSEQUENCES OF A VALID CONTRACT CONCLUDED BY THE INFANS: PARENTS OR GUARDIANS ARE RESPONSIBLE FOR?

Answer 15

• Debts incurred for maintenance
• Didn’t bring it to the attention of the other party that they are acting on behalf
• Stood surety for infans debts

Question 16

CONSEQUENCES FOR A VOID CONTRACT CONCLUDED BY INFANS

Answer 16

• Return any performance in order to restore the position before the agreement
• Claim based on unjustified enrichment is instituted
• Condictio indebiti- claim money that was paid but never owed
• if Property is transferred in terms of the void agreement any person who may wrongfully be in possession thereof with the rei vindicatio.

Question 17

CAPACACITY TO LITIGATE OF THE INFANS

Answer 17

Infans has no personal capacity to litigate so he/she can therefore not sue or be sued in his or her name.
* The infans parents must sue or be sued on behalf of the infans.

Question 18

CAPACITY TO INCUR DELICTUAL AND CRIMINAL LIABILITY OF THE INFANS

Answer 18

Infans is completely unaccountable in the law and thus cannot be criminally liable. However can be held liable for delicts that are not based on fault e.g infans is a dog owner that caused damage .
* infans can be held liable on the basis of unjustified enrichment and negotiorum gestio

Question 19

Two forms of liability not based on capacity to act or capacity to incur delictual or criminal damage

Answer 19

1. Unjustified enrichment

2. Negotiorum gestio

Question 20

LEGAL CAPACITY OF A MINOR

Answer 20

Legal capacity of minor is also limited

Question 21

CAPACITY TO ACT

Answer 21

Determined by age and nature of juristic act in question

Question 22

LEGAL ACTS WHERE A MINOR HAS CAPACITY TO ACT

Answer 22

1. Minor has full capacity to act in respect of certain legal acts. Capacities can be regulated by statute or common law
2. In other legal acts, the minor has no capacity to act e.g engagement contract
3. In most cases, minors capacity to act is limited. Minor therefore requires parental consent to enter into juristic act.

Question 23

BENEFIT THEORY

Answer 23

Minor will not be bound to a contract if it is to the advantage of the minor. The liability of the minor is therefore contractual in nature.

Question 24

THREE WAYS CONTRACTED CAN BE CONCLUDED BY MINOR

Answer 24

1. Parent or guardajn concludes contract on behalf of minor
2. Minor concludes it by himself with parental consent
3. Parent or guardian ratifies minors contract