Law of Contract, Delict, Succession and Property Flashcards
What capacity do family heads have regarding contracts?
- The authority to enter into contracts on behalf of their families and individual members and also without consulting (although expected to consult with adult family members).
- Family heads are held liable for those contracts entered into and delicts committed by their family members (family member cannot be sued alone but with family head sued as a co-defendant)
What are the results of both a successful and unsuccessful ukuthwala?
For ukuthwala to be successful, it requires that the woman’s parents accept the proposal of which it would require the woman to be returned home for regular lobola negotiations.
Should it be unsuccessful, the woman is required to be returned home and with a payment of damages due to an unsuccessful ukuthwala.
What case declared ukuthwala as unconstitutional?
S v Jezile - ukuthwala is the consensual mock abduction of a prospective wife by her prospective husband from her family home to the man’s father’s house. This would require first the father to be informed of her presence in his homestead and the notification of the woman’s family either the day or after ukuthwala. It is also important to note that sexual intercourse is prohibited and that damages are required should it occur consensual or non-consensually.
In the case, the accused had abducted a woman without consent, caused grievous bodily harm(assault) and engaged in non-consensual sexual intercourse(rape) using ukuthwala as defence for his actions, which resulted with the custom being declared as unconstitutional.
What is ukwenzelela?
It is defined as unjustified enrichment whereby one’s estate is enriched at the expense of another.
What is isondlo?
When one party, in good faith, performs the obligations of another party- who cannot perform them at the time.
This individual may be entitled to claim compensation for expenses they incurred.
What is ukufakwa?
A party who assisted with contributing towards the upbringing and growth of a child/daughter of which they are entitled to claim the amount they spent through the lobola of the daughter.
