Quiz 2 (Revision) Flashcards
The South African legislature has provided for the dependants’ claim for maintenance upon the death of a:
- Breadwinner
Ukutheleka is a procedure that entails:
Taking a wife and her children away to enforce payment of lobolo.
Lobolo refer to:
Property given in a customary marriage.
Who has the authority to interpret and develop rules of customary law relating to contracts?
The traditional leaders.
Phuthuma is a procedure that entails:
Fetching a wife and children from her father or heir after ukutheleka.
Quasi-contracts refer to:
Liability arising from performance without an agreement.
Isondlo is a provision for the payment of compensation:
To a person for the care of a child not belonging to their group.
Ukufakwa refers to an obligation based on performance that does not arise from:
A contract.
The South African Constitution requires courts to apply customary law when it is:
Applicable, subject to the Constitution.
The Constitution seeks to create an inclusive, plural legal culture in South Africa:
Respecting people’s cultural practices and preventing discrimination.
The scope of customary law of delict originally included all of the following except:
- Defamation cases
- Property damage
- Sexual wrongs
- Intellectual property infringement
- Intellectual property infringement
The need for developing delict in a multicultural society arises to:
Balance customary law and constitutional values.
According to customary law, who had full legal capacity and was considered competent to enter into contracts?
The family head
In the context of customary law, who were eligible to become family heads?
- Males only.
According to section 6 of the Recognition of Customary Marriages Act (RCMA), which individuals have full capacity to enter into contracts in a customary marriage?
Both the husband and the wife
In customary law, who was held liable for contracts entered into by family members?
Both the family member and the family head.
Which of the following contracts is specific to customary law?
Isondlo contract
Who typically represents and acts on behalf of the family in contractual matters in customary law?
The family head.
According to the Constitution, the application of customary law in the law of delict:
Requires the litigant to raise the issue of customary law’s applicability.
True or False:
- In a rural community, Mpho, a non-relative, can act as an intermediary in lobolo negotiations. The agreement reached is not binding on the principal.
False
True or False: Ukufakwa is an obligation based on performance that does not arise from a contract or quasi-contract and applies to contributions made in connection with ceremonies related to puberty, marriage, or other women-related circumstances.
True
Agree or Disagree: Nkosi, a family head, can enter into a contract with a neighbouring community on behalf of his family without consulting any family members.
Disagree
Agree or Disagree: In a rural South African village, Thandi, a young woman, wants to be recognised as the family head to represent her family in contractual matters. Do you agree or disagree that Thandi can be appointed as family head?
Agree
Agree or Disagree: The need for the development of delict in a multicultural society arises because the application of customary law in delicts must consider and be in line with the Constitution and the protection individual rights.
Agree
