quasi contracts

Question 1

Discuss ukwenzelela

Answer 1

Based on a debt between houses of the same household or a father’s provision for lobolo for each of his wives
arrangements are made by the family so its doubtful whether or not its a quasi-contractual
however where 1 party is enriched at the expense of another party then the enriched party may be expected to return property

Question 2

Discuss ukufakwa

Answer 2

obligation is based on performance and not contract or quasi-contract
where a female’s father’s relatives contribute to customary ceremonies (like puberty, marriage or other ceremonies for women).
the relatives get added to the marriage goods as if they contributed towards the females property
fakwa appears to be based on performance and not a contract

Question 3

Discuss Isondlo

Answer 3

customary law makes provision for the compensation of a person, who takes care of a child, that is not part of the family group.
in some circumstances isondlo is payable for an adult (a mentally challenged person for eg.)
compensation for maintenance is generally 1 animal
duty to pay isondlo is from direct agreement and thus contractual
duty can also arise from negotiorum gestio and is thus quasi-contractual

Question 4

Discuss ukwethula

Answer 4

associated with the payment of lobolo
where house property is taken for the establishment or benefit of another house
when a marriage contract is concluded it creates a new family unit called a house
husband can allot property to the house. wife and children acquire property is automatically vests in the house
so where a husband takes house property to establish a new house by acquiring a new wife (lobolo), the new house becomes indebted to the old house