Law of person cases Flashcards
What is the principle in Christian League of SA case?
The foetus is not a legal subject and doesn’t have legal personality so nasciturus fiction cannot be used to protect it from an abortion
What is the principle in Christian Lawyers Association 1988 case?
The fetus dosent have the right to life as it doesn’t have legal personality
What is the principle in Christian Lawyers Association 2005 case?
A women under the age of 18 can terminate without her parents consent or guardians consent as long as her own consent is informed as stated in section 5 of the Choice Act
What is the principle in Re Beaglehole case?
A missing person is not presumed dead after a fixed amount of years. the presumption of death is at the discretion of the court by considering all facts and circumstance
What is the principle in Ex Parte Govender case?
An intrested party must orove on a balance of probabilities a presumption of death. A possibility of suicide is not enough for enough for a presumption to be granted
What is the principle in Berger case?
The court has jurisdiction to alter a presumption of death order
What is the principle in Alam case?
the continuous application for residence or visas shows on the balance of probabilities a person’s intention to stay in the country, despite the uncertainty of the application and shows their intention to switch their domicile
What is the principle in AV v WV case?
An application for a permanent resident visa is used to prove the intention of the parties in choosing that domicile
What is the principle in Van Dyk case?
A guardians consent is informed if they know the type of contract and there are no special remedies within it
What is the principle in Eldistein case?
Contracts entered into without the guardian consent is invalid. Restitutio on integrum can be sought but the onus is on the minor to prove that they have been prejudiced unless inherently prejudiced by the contract
What is the principle in Baddley case?
A guardian consent is informed if they have full knowledge of the material terms of the contract
What is the principle in Woods case?
A guardian dosent have authority to enter into a contract on behalf of the minor that goes into majority and will impose liability on them. a minor is liable to a contract made within the authority of the guardian. The Minor will be relieved from prejudicial
contract through Restitutio in integrum even if the guardian duly consented
The Requirements: serious loss, damage or
prejudice and Prove that loss is not trivial
What is the principle in Stuttoford case?
a contract can be seen to be ratified if once a minor becomes a major they continue obeying the contract and using the object; with the full knowledge if their legal position
What is the principle in Ahmed case?
An emancipated minor can be sued without the guardian’s consent of its within the scope of the emancipation. They are restricted to contracts that arise out of the sphere that creates independence.
defines emancipation as a question of
fact and depends on facts and
circumstances
What is the principle in Dickens case?
Emancipation indicates complete release of a minor with the scope even to them. It held that determining emancipation happens on a case-by-case basis as it has no specific and same meaning It held that certain factors such as: age, relationship with guardian, nature and duration of employment
