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MODULE NAME: MODULE CODE:

LAW OF PERSONS AND FAMILY 1A LOPF5111
LAW OF PERSONS AND FAMILY 1A LOPF5121
LAW OF PERSONS LOPF5131
LAW OF PERSONS LAPE5111p

ASSESSMENT TYPE: TAKE-HOME ASSESSMENT (PAPER ONLY)

TOTAL MARK ALLOCATION: 60 MARKS
TOTAL TIME: This assessment should take you 1 Hour to complete, however
you have 21 hours (midnight to 9pm on the same day) to
submit. This additional time has been allocated to allow for the
download, completion and upload of your submission.
By submitting this assessment, you acknowledge that you have read and understood all the rules
as per the terms in the registration contract, in particular the assignment and assessment rules in
The IIE Assessment Strategy and Policy (IIE009), the intellectual integrity and plagiarism rules in
the Intellectual Integrity Policy (IIE023), as well as any rules and regulations published in the
student portal.

INSTRUCTIONS:
1. Please adhere to all instructions. These instructions are different from what is normally
present, so take time to go through these carefully.
2. Independent work is required. Students are not allowed to work together on this
assessment. Any contraventions of this will be handled as per disciplinary procedures in The
IIE policy.
3. No material may be copied from original sources, even if referenced correctly, unless it is
a direct quote indicated with quotation marks.
4. All work must be adequately and correctly referenced and this must be done using the IIE
Legal Referencing Guidelines.
5. You should paraphrase the concepts (use your own words) that you are referencing, rather
than quoting directly.
6. Marks will be awarded for the quality of your paraphrasing.
7. This is an open-book assessment.
8. Your assessment may be handwritten or typed.
9. Answer all questions.
10. For typed assessments: ensure that you save a copy of your responses.
10.1 Complete your responses in an MS Word document.
10.2 The document name must be your Name.Student number and module Code.
10.3 Once you have completed the assessment, upload your document under the
submission link in the correct module in Learn.
11. If you are completing a hardcopy in your own handwriting:
• You need to complete your questions in your own handwriting on paper.

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• Ensure that all your pages are numbered on the top right-hand side of the page –
e.g., 1 of 12.
• Please work neatly, write clearly and ensure that your questions are clearly numbered
in a coherent order so that you do not lose marks because your lecturer cannot read
your handwriting or cannot follow the orderly flow of your questions in the paper.
• Either (i) Scan your pages OR (ii) photograph your pages. Ensure that the pages are in
the correct order.
• Label your photographs or scanned paper as follows: Name.Student Number.Module
Code and Page 1; (for each page in the event that you are scanning photographs or
separate scanned pages. Where you scan the whole paper all at once, you need
only use this label once). It is also suggested that you write your name, student
number and module code at the top or bottom of your pages.
• Once you have completed the assessment, upload your document under the
submission link in the correct module in Learn.
• When referencing according to The IIE Legal Referencing Guidelines in your own
handwriting, keep some space at the bottom of each page to write in your footnotes
as if you were inserting them using MS Word and remember to include a written
bibliography at the end of your paper.
Additional instructions:
• Dictionaries and calculators are allowed.
• For multiple-choice questions, give only one response per question. The marker will ignore
any question with more than one answer, unless otherwise stated. You should, therefore, be
sure of your answer before committing it to paper.
• Show all calculations, where applicable (marks may be awarded for this).

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Referencing Rubric – The IIE Legal Referencing Guidelines

Providing evidence based on valid and referenced academic sources Markers are required to provide feedback to students by
is a fundamental educational principle and the cornerstone of high- indicating (circling/underlining) the information that best
quality academic work. Hence, The IIE considers it essential to describes the student’s work.
develop the referencing skills of our students in our commitment to
achieve high academic standards. Part of achieving these high Minor technical referencing errors: 5% deduction from the
standards is referencing in a way that is consistent, technically overall percentage – the student’s work contains five or more
correct and congruent. This is not plagiarism, which is handled errors listed in the minor error’s column in the table below.
differently.
Major technical referencing errors: 10% deduction from the
Poor quality formatting in your referencing will result in a penalty overall percentage – the student’s work contains five or more
of a maximum of ten percent being deducted from the percentage errors listed in the major error’s column in the table below.
awarded, according to the following guidelines. Please note,
however, that evidence of plagiarism in the form of copied or If both minor and major errors are indicated, then 10% only (and
uncited work (not referenced), absent reference lists, or not 5% or 15%) is deducted from the overall percentage. The
exceptionally poor referencing, may result in action being taken in examples provided below are not exhaustive but are provided to
accordance with The IIE’s Intellectual Integrity Policy (0023). illustrate the error.

Required: Minor errors in technical correctness of Major errors in technical correctness of referencing
Technically correct referencing referencing style style
style Deduct 5% from percentage awarded Deduct 10% from percentage awarded
Consistency Minor inconsistencies. Major inconsistencies.
• The referencing style is generally • Poor and inconsistent referencing style used in
• The same referencing format consistent, but there are one or two footnotes and/or in the bibliography/ reference
has been used for all footnote changes in the format of footnote list.
references and in the referencing and/or in the bibliography. • Multiple formats for the same type of referencing
bibliography/reference list. • For example, page numbers for direct have been used.
quotes (footnote) have been provided • For example, the format for direct quotes
for one source, but not in another (footnotes) and/or book chapters (bibliography/
instance. Two book chapters reference list) is different across multiple
(bibliography) have been referenced in instances.
the bibliography in two different
formats.
Technical correctness Generally, technically correct with some Technically incorrect.
minor errors. • The referencing format is incorrect.
• Referencing format is • The correct referencing format has been • Concepts and ideas are typically referenced, but a
technically correct throughout consistently used, but there are one or reference is missing from small sections of the
the submission. two errors. work.
• The correct referencing format • Concepts and ideas are typically • Position of the references: references are only
for the module’s discipline has referenced, but a reference is missing given at the beginning or end of large sections of
been used, i.e., either APA, OR from one small section of the work. work.
Harvard OR Law • Position of the references: references • For example, incorrect author information is
• Position of the reference: a are only given at the beginning or end of provided, no year of publication is provided,
reference is directly associated every paragraph. quotation marks and/or page numbers for direct
with every concept or idea. • For example, the student has incorrectly quotes missing, page numbers are provided for
presented direct quotes (footnotes) paraphrased material, the incorrect punctuation is
• For example, quotation marks, and/or book chapters used (footnotes); the bibliography/reference list is
page numbers, years, etc. are (bibliography/reference list). not in alphabetical order, the incorrect format for
applied correctly in the a book chapter/journal article is used, information
footnotes, sources in the is missing e.g. no place of publication had been
bibliography/reference list are provided (bibliography); repeated sources on the
correctly presented. reference list.

Congruence between footnotes Generally, congruence between the A lack of congruence between the footnote
and bibliography/ reference list footnotes referencing and the referencing and the bibliography.
bibliography/ reference list with one or • No relationship/several incongruencies between
• All sources are accurately two errors. the footnote referencing and the
reflected and are all accurately • There is largely a match between the bibliography/reference list.
included in the bibliography/ sources presented in-text and the • For example, sources are included in-text, but not
reference list. bibliography. in the bibliography and vice versa, a link, rather
• For example, a source appears in the than the actual reference is provided in the
footnotes, but not in the bibliography/ bibliography.
reference list or vice versa.
In summary: the recording of In summary, at least 80% of the sources In summary, at least 60% of the sources are
references is accurate and are correctly reflected and included in a incorrectly reflected and/or not included in
complete. reference list. reference list.
Overall Feedback about the consistency, technical correctness and congruence between footnote referencing and bibliography:
........................................................................................................................................................................................................................................................................................
…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

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Question 1 (Marks: 10)

Answer the below True and False questions pertaining to the definitive concepts and words in the
Law of Persons. Remember to motivate your answers. Where no reason is provided, a zero will be
awarded.

Q.1.1 All legal objects have exactly the same rights and duties. (2)

Q.1.2 Personal rights deal with one’s aspects of their personality. (2)

Q.1.3 Passive legal capacity refers to the capacity to merely have legal rights and duties. (2)

Q.1.4 The status you possess could affect your capacity to enter into juristic acts. (2)

Q.1.5 Active legal capacity implies that a person can actively change his legal position. (2)

Question 2 (Marks: 10)

Multiple-choice questions: Select one correct answer for each of the following. In your answer
booklet, write down only the number of the question and next to it, the number of the correct
answer.

Q.2.1 With regards to minor’s contractual capacity__________ (2)

(1) they have limited capacity.
(2) they require parent’s assistance.
(3) they have no capacity to contract unassisted.
(4) they have no capacity to contract at all.
(5) options (1), (2) and (3) are ALL correct.

Q.2.2 Which of the following forms of conduct does not amount to assistance? (2)
(1) The guardian gives verbal consent to enter into a contract;
(2) The guardian stood next to the minor as he concludes the contract;
(3) The minor placed a contract in front of the guardian who signed it
mechanically;

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(4) The minor concluded the contract and then informed the guardian thereafter;
(5) The guardian concluded the contract on behalf of the minor.

Q.2.3 For what reason in law do infans not have capacity to perform juristic acts? (2)
(1) They are under 7 years of age.
(2) They require their parent’s assistance with regards to most acts.
(3) They can never understand the legal nature and legal consequences of their
acts.
(4) They are fully capable of understanding the consequences of their acts.
(5) None of the above.

Q.2.4 A limping contract is one that ______________________ (2)

(1) lacks authority.
(2) has full authority.
(3) is full and faultless.
(4) requires ratification in order to be valid.
(5) Options (1) and (4).

Q.2.5 Identify the incorrect statement: (1)

(1) South African law (like most legal systems) identifies two age groups as
significant for differentiated legal status;
(2) Age affects a person’s capacity to perform certain juristic acts;
(3) A person’s capacity to be held accountable for wrongdoing (crimes and
delicts) is impacted by their age;
(4) In South African law, the capacities of minors and infants are different;
(5) Emancipation terminates minority.

Question 3 (Marks: 20)

Q.3.1 Using only your own words (paraphrasing), describe what the ‘capacity to litigate’ (5)
entails. (NOTE: Marks will not be awarded for quoting directly from the textbook,

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whether correctly referenced or not. Marks will be awarded for the quality of
paraphrasing).

Four marks for the description.

One mark for skill.

Q.3.2 Our law identifies two age groups of children as being significant for determining (8)
status. These are infans (children from birth to age 7) and minors who are 7 years
and older (i.e., between 7 and 18 years). In your own words, summarise what is
each group’s capacity to conclude a contract.

Six marks for the summary of each group’s capacity.

Two marks for skill.

Q.3.3 Considering the below list: (7)

1) Identify if the subject matter is a person or an object;
2) If you specify that the subject is a person then elaborate on whether the person
is a natural or juristic person.

a) a university
b) a seeing eye dog that belongs to a blind person
c) a mentally ill individual

Six marks for identifying and specifying.

One mark for skill.

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Question 4 (Marks: 20)

Q.4.1 Gabriel had a 13th birthday and received quite a bit of money from his grandparents (5)
and uncles. He always fancied his 21-year-old neighbour Simon’s hoverboard. So,
one day he approached his neighbour and offered to purchase the hoverboard for
R3000. The neighbour gave him the hoverboard to take home and Gabriel was
meant to bring him the cash the next day. When Gabriel went home, his older
brother, Tyler, told him that he was not obligated to pay Simon because there was
no contract between himself and Simon.

Outline Gabriel’s legal position with regards to his “contract” with Simon for the
hoverboard.

Four marks for outlining the legal position.

One mark for skill.

Q.4.2 Would your answer be different if Timothy, Gabriel’s father, was present when (5)
Gabriel was making the offer to Simon? Explain.

Four marks for the explanation.

1 mark for skill.

Q.4.3 Discuss the legal remedy Simon can make use of to restore his possession of the (10)
hoverboard. In your answer,
• set out the requirements for the legal remedy
• state why it applies to the facts

Seven marks for discussion.

Three marks for skill

END OF PAPER

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