theme 7

Question 1

infants

Answer 1

infants have no capacity to perform juristic acts, if an infant enters a contract it becomes null and void

Question 2

7 years or older

Answer 2

limited capacity, can validly enter contracts without assistance if the contract confers rights

Question 3

how is a minor deemed to be assisted

Answer 3

if the guardian gives informed consent, the guardian does not need to know ALL details, must know the material details of the contract

Question 4

limping contract

Answer 4

the weak leg represents the minor who has no contractual obligations and the other party is the strong leg that has full contractual obligations, therefore it limps

Question 5

one legged contract

Answer 5

minor has a ‘natural obligation’ and contract is not enforceable against minor

Question 6

minor repudiation

Answer 6

minor can ‘resile with impunity; can withdraw from the contract without any consequences and the other party cannot do anything about it

Question 7

unjustified enrichment

Answer 7

plaintiff can only sue for the amount by which they were impoverished

Question 8

assisted contract

Answer 8

assisted minor can incur contracts in the same way as majors. they become contractually liable

Question 9

contract of surety

Answer 9

guardian is only liable if they provide surety to the minor’s debts

Question 10

restitutio in integrum

Answer 10

restore the contracting parties to the original positions as if the contract did not occur

Question 11

ratification

Answer 11

conduct which rectifies an error in a specific juristic act so it becomes valid

Question 12

fraudulent minor

Answer 12

1. induces or persuades a contract by using fraudulent misrepresentation
2. other party should not suffer damages as a result of the minor’s misrepresentation
3. reason to have limited contractual capacity is to protect them

Question 13

delictual liability

Answer 13

1. minors who are old enough to convince others that they are majors, old enough to incur delictual liability
2. people suing minors in delict must show the casual link between minor’s misrepresentation and their damage

Question 14

empancipated minor

Answer 14

1. the guardian gives a general consent for the minor to enter “many different contracts”
2. emancipation can be expressed as tacit or implied
3. guardian can revoke permission

Question 15

what is are the cases used for informed consent

Answer 15

1. Baddeley v Clarke
2. Van Dyk v SAR & H

Question 16

what is the case used for Restitutio in integrum

Answer 16

Wood v Davies

Question 17

what is the case used for Ratification

Answer 17

Stuttaford & Co v Oberholzer

Question 18

what is the case used for unassisted contract

Answer 18

Edelstein v Edelstein

Question 19

what is the case used for fraudulent minors

Answer 19

Louw v MJ&H Trust

Question 20

what are the cases used for emancipated minors

Answer 20

1. Dickens v Daley
2. Seeing v Minister of Police