LAW

Question 1 50 Marks Study the scenario and complete the question(s) that follow: Miss Joana Thabang is a 17-year-old high school student. She is interested in studying law and has a few personal issues. During her March holidays, she and her few friends went out partying, celebrating. After a night out in town, she woke up in the hospital. It appears she was involved in a motor vehicle accident. Upon questioning, it was discovered that she was driving her mother's, Annabelle, vehicle without a license and caused an accident by driving over a red light. The people, Mr & Mrs Tato, in the other motor vehicle is a young couple and their 13-year-old daughter. Mrs Tato is five months pregnant. Mr Tato died due to brain injuries while Mrs Tato suffered serious injuries and medical reports show that her soon-to-be baby boy will have serious brain injuries if the boy was to be born alive. The 13-year-old daughter needs to undergo surgery while Mrs Tato is still unconscious. The doctors are afraid that the child might not make it should they wait for her mother to become conscious before performing the surgery as the child suffered intestines and liver damage that requires urgent surgery. Source: Smith, A. 2022 Mrs Annabelle approaches your office for advice. She insists on clarity on the following issues: 1.1. What is legal personality and when does it begin? (6 Marks) 1.2. Explain if Mrs Tato will be able to claim any compensation from her or her daughter and under which circumstances? In your answer, explain the Nasciturus Fiction, requirements, and application with reference to case law. (15 Marks) (1 Mark) 1.3. Will Mrs Tato successfully use the Law of Delict to claim damages? 1.4. Does Mrs Tato need to continue with the pregnancy and under which circumstances may she terminate the pregnancy. (9 Marks) 1.5. Will Miss Joana be held accountable for her actions and under which circumstances? Explain in detail. (15 Marks) 1.6. Will the 13-year-old daughter be able to undergo surgery without her mother's consent? (4 Marks) [Sub Total 50 Marks] Note to students: Reference to legislation and case law, please use South African law in your answers. End of Question 1 LWPLA1-B22 - Assignment - Block 2 2022 | V1.0 Page 5 of 9 Question 1 50 Marks Study the scenario and complete the question(s) that follow: Miss Joana Thabang is a 17-year-old high school student. She is interested in studying law and has a few personal issues. During her March holidays, she and her few friends went out partying, celebrating. After a night out in town, she woke up in the hospital. It appears she was involved in a motor vehicle accident. Upon questioning, it was discovered that she was driving her mother's, Annabelle, vehicle without a license and caused an accident by driving over a red light. The people, Mr & Mrs Tato, in the other motor vehicle is a young couple and their 13-year-old daughter. Mrs Tato is five months pregnant. Mr Tato died due to brain injuries while Mrs Tato suffered serious injuries and medical reports show that her soon-to-be baby boy will have serious brain injuries if the boy was to be born alive. The 13-year-old daughter needs to undergo surgery while Mrs Tato is still unconscious. The doctors are afraid that the child might not make it should they wait for her mother to become conscious before performing the surgery as the child suffered intestines and liver damage that requires urgent surgery. Source: Smith, A. 2022 Mrs Annabelle approaches your office for advice. She insists on clarity on the following issues: 1.1. What is legal personality and when does it begin? (6 Marks) 1.2. Explain if Mrs Tato will be able to claim any compensation from her or her daughter and under which circumstances? In your answer, explain the Nasciturus Fiction, requirements, and application with reference to case law. (15 Marks) (1 Mark) 1.3. Will Mrs Tato successfully use the Law of Delict to claim damages? 1.4. Does Mrs Tato need to continue with the pregnancy and under which circumstances may she terminate the pregnancy. (9 Marks) 1.5. Will Miss Joana be held accountable for her actions and under which circumstances? Explain in detail. (15 Marks) 1.6. Will the 13-year-old daughter be able to undergo surgery without her mother's consent? (4 Marks) [Sub Total 50 Marks] Note to students: Reference to legislation and case law, please use South African law in your answers. End of Question 1 LWPLA1-B22 - Assignment - Block 2 2022 | V1.0 Page 5 of 9