FACULTY OF COMMERCE,
ADMINISTRATION & LAW
DEPARTMENT OF LAW
EXAMINATION – 2018
LPLP 101 – LAW OF PERSONS
DURATION: 3 HOURS
FULL MARKS: 100
SUBMINIMUM: 40%
Internal Examiner
Mrs. L Ramaccio Calvino
Internal Moderator
Prof. D Iyer
INSTRUCTIONS:
(a)
(b)
(c)
(d)
Please make sure that this paper consists of TWO pages.
Please clearly number the questions correctly.
Please answer each question on a new page.
Every answer must be properly motivated with reference to case law
and/or legislation where applicable.
Question 1:
Susan and Jose are married. Jose has a son, Marko, from a previous relationship.
After Susan and Jose were unable to conceive a child, they decided to make use of
a surrogate mother to carry their child to term. The parties entered into a surrogacy
agreement in terms whereof the surrogate would also donate her gametes. The
surrogate fell pregnant with twins. Susan and Jose named the unborn children Jane
and John. During the pregnancy the gynaecologist, Dr. White, employed by ABC
Hospitals (PTY) Ltd accidently prescribed the wrong medication to the surrogate
mother resulting in John being born with a mental disorder. During the birth the
umbilicus cord got tangled around Susan’s neck resulting in her dying of oxygen
deficiency shortly after the birth. Distraught by what happened to the twins, Jose
decided to sail to Portugal to visit his relatives. Susan has not heard from Jose since
he set sail from Richards Bay harbour on the 1st fay of April 2017.
1.1
Explain to Susan and Jose what is required from them in terms of the Birth
and Death Registration Act 51 of 1992 in respect of the twins? Substantiate
your answer with reference to case law.
1.2
(25)
Suppose that Susan and Jose instructed you to institute a civil action to claim
for past and future medical expenses in respect of the minor child that was
born with a mental disability. Against whom will such action be instituted and
will they be successful in instituting an action on behalf of their minor child as
the child was not yet a legal subject when the incident occurred? Substantiate
your answer with reference to case law.
1.3
(25)
Discuss the legal capacity of John who was born with a mental defect.
(25)
1.3
Suppose that Jose was born in Portugal and decided to relocate to South
Africa. Where would Jose be domiciled? Reference must be made to the
provisions of the Domicile Act 3 of 1992 in answering the question.
(25)
THE END