LU 3 : Effect of Age (Minority) on Status and Capacity

Question 1

Define a minor.

Answer 1

Children under the age of 18 [7-18 years old].

Question 2

Define a infans .

Answer 2

Children from birth to the age of 7 years old (7th birthday).

Question 3

In law, what is the difference between the capacities of infans and minors ?

Answer 3

Infans : no legal capacity
Minors : limited legal capacity

Question 4

Define a juristic act.

Answer 4

An act performed which intends legal consequences.

Question 5

According to the Child Justice Act, what is the minimum age of criminal accountability ?

Answer 5

10 years old

Question 6

What is the age of puberty for boys and girls?

Answer 6

Girls : 12 years old
Boys : 14 years old

Question 7

According to the Criminal Law (Sexual Offences and Related Matters) Amendment Act, what is the age of consent to sexual activity ?

Answer 7

16 years old

Question 8

What is the age of consent to medical treatment ?

Answer 8

12 years old

Question 9

What is the age to witness a will?

Answer 9

14 years old

Question 10

What is the age to execute a will ?

Answer 10

16 years old

Question 11

Can infans incur contractual liability?

Answer 11

No, infans can’t unless their guardian contracts on their behalf but they can incur liability on the basis of unjustified enrichment even if they act on their own behalf.

Question 12

What is the capacity of minors to conclude a valid engagement/ marriage?

Answer 12

Girls : 12 - 15 years old
Boys : 14 - 18 years old

Minors have the capacity to conclude both civil and customary marriages provided that they have the necessary consent.

(Unless competent courts orders otherwise, their guardians must consent to civil marriage + written consent from the Minister of Home Affairs.

Question 13

What is the capacity of minors to conclude valid contracts ?

Answer 13

Minors can enter into valid contracts without assistance if :
- the contract confers rights and imposes no obligation or duties - improves the minors position.

Question 14

Do unassisted minors incur contractual liability?

Answer 14

No

Question 15

Do assisted minors incur contractual liability ?

Answer 15

Yes they incur full contractual liability > they are bound to the terms NOT their guardians.

Question 16

What are the 3 forms of guardian’s assistance?

Answer 16

1. Guardian consents on behalf of the minor (consent may be given expressly/tacitly).
2. Minor contracts with the consent of their guardian ( guardian must be aware of the material terms of the contract)
3. Guardian ratifies the contract after the minor has concluded it without consent.

Question 17

What is ratification ?

Answer 17

The conduct which corrects an error in a specific juristic act so that it becomes fully valid and enforceable ( i.e doing something afterwards to fix an error in a juristic act with retrospective effect).

Question 18

What does restitutio in integrum mean ?

Answer 18

“Return to the previous position”

Question 19

What is condictio?

Answer 19

An action ( remedy) to recover monetary performance.

Question 20

What are the capacities of minor to hold office ?

Answer 20

They are incapable of holding one offices of a legal subject such as a manager, trustee, director or executive of a deceased estate.

Question 21

What is the capacity of a minor to litigate?

Answer 21

Limited capacity to litigate in civil proceedings (assistance is needed) -guardians may sue/be sued on their behalf.
If their guardian refuses to assist/ is the other party to a lawsuit/their interests clash with the minor’s then the court may appoint a curator ad litem to represent them.&raquo_space;> the court may grant older minors the authority to conduct litigation unassisted (venia agendi ).

Question 22

How is emancipation proved?

Answer 22

The facts and circumstances of the minors way of life is looked at concerning :
- their job
- whether they are financially independent or not
- who they live with
- relationship to parents
-age