Chapter 6: Age Flashcards
.STATUS
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.
INFANS
A child below the age of seven years
MINOR
A person above the age of 7
MAJOR
Person that reaches the age of 18
JURISTIC ACT
An act to which the law attaches the same consequences as those which were intended by the acting parties.
WHAT IS THE BASIS FOR THE COMING INTO EXISTENCE OF A CONTRACT
Age
VOID CONTRACT
A void contract is one which in the eyes of the law never came into existence.
POSITIVE INTERESSE
The total interest which a contractual party has in the other party fulfilling his or her contractual obligations
STATUS QUO ANTE
The previously existing state of affairs.
NEGATIVE INTERESSE
Parties can claim that they be placed in the same position as they were before the conclusion of the contract
VOIDABLE CONTRACT
A contract which legally comes into existence, but a party can choose whether they want the contract to be void.
**Through misrepresentation
LEGAL CAPACITY OF INFANS
Has limited legal capacity. Has legal capacity to hold office of ownership
CAPACITY TO ACT OF THE INFANS
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.
CONSEQUENCES OF A VALID CONTRACT CONCLUDED BY THE INFANS
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.
CONSEQUENCES OF A VALID CONTRACT CONCLUDED BY THE INFANS: PARENTS OR GUARDIANS ARE RESPONSIBLE FOR?
- 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
CONSEQUENCES FOR A VOID CONTRACT CONCLUDED BY INFANS
- 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.
CAPACACITY TO LITIGATE OF THE INFANS
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.
CAPACITY TO INCUR DELICTUAL AND CRIMINAL LIABILITY OF THE INFANS
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
Two forms of liability not based on capacity to act or capacity to incur delictual or criminal damage
- Unjustified enrichment
2. Negotiorum gestio
LEGAL CAPACITY OF A MINOR
Legal capacity of minor is also limited
CAPACITY TO ACT
Determined by age and nature of juristic act in question
LEGAL ACTS WHERE A MINOR HAS CAPACITY TO ACT
- Minor has full capacity to act in respect of certain legal acts. Capacities can be regulated by statute or common law
- In other legal acts, the minor has no capacity to act e.g engagement contract
- In most cases, minors capacity to act is limited. Minor therefore requires parental consent to enter into juristic act.
BENEFIT THEORY
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.
THREE WAYS CONTRACTED CAN BE CONCLUDED BY MINOR
- Parent or guardajn concludes contract on behalf of minor
- Minor concludes it by himself with parental consent
- Parent or guardian ratifies minors contract
