Minority: Delictual and Criminal Capacity Flashcards
(18 cards)
What is the capacity to litigate?
The capacity to be a party in a lawsuit
This refers to the legal ability to initiate or defend legal proceedings.
What is the legal capacity of infants (children under seven)?
Infants have no active legal capacity but have passive legal capacity
Passive legal capacity means they can receive rights and obligations but cannot exercise them.
What is the legal capacity of older minors (children 7 - 18)?
Older minors have limited legal capacity
This means they can perform some juristic acts but generally require consent or assistance from a guardian.
What is delictual capacity?
Capacity to commit a delict in the eyes of the law
A delict refers to a wrongful act causing harm or loss to another person.
What must Mr. Makani prove in a delictual remedy?
Must prove a blameworthy state of mind and causation
This typically involves demonstrating intention (dolus) or negligence (culpa).
What are the two fault elements in delict law?
Intention (dolus) and Negligence (culpa)
Both elements are necessary for establishing liability in a delict.
What is the test for negligence?
- Foreseeability of damage
- Steps to avoid damage not taken
The test compares the actions of the accused to those of a reasonable person in a similar situation.
What is the irrebuttable presumption regarding infants in delict?
Infants are doli incapax and culpae incapax
This means they are presumed to be incapable of forming legal intention or acting with legal negligence.
What is the rebuttable presumption for minors aged seven to fourteen?
They are presumed not to be doli or culpae capax
This presumption can be disproved with sufficient evidence.
What is the rebuttable presumption for minors over fourteen?
They are presumed to be doli or culpae capax
Again, this presumption can be disproved with evidence.
What is the definition of criminal capacity?
Capacity to commit a crime in the eyes of the law
This includes the ability to understand the nature of the act and its legal implications.
What are the elements of a crime?
- Wrongful act
- Fault (intention or negligence)
Similar to delict, a crime requires a blameworthy state of mind.
What is the legal status of infants regarding criminal capacity?
Infants are doli incapax and culpae incapax
This means they are presumed incapable of forming legal intention or acting with negligence in criminal matters.
What does the Child Justice Act state about children under 12?
Children under 12 do not have criminal capacity and cannot be held criminally liable
This legislation sets a clear age limit for criminal responsibility.
What is the capacity of minors aged 12 to 14 under the Child Justice Act?
Presumed to lack criminal capacity unless the State proves otherwise
This acts as a safeguard for younger minors in legal proceedings.
What is the requirement for infants to litigate?
Infants have absolutely no capacity to litigate
A guardian must bring or defend a case on their behalf.
What assistance do minors need to litigate?
Minors generally need a guardian’s consent or assistance
The guardian can also litigate on the minor’s behalf.
In what situations do minors not need assistance to litigate?
- Sued for maintenance
- Accused of a criminal offence
- Applying to the High Court to get married
These are exceptions where minors can act independently in legal matters.
