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QUESTIONS FOR ASSIGNMENT 01 FOR THE FIRST Semester Question 1 Thomas passed away last week without leaving a will. At the time his wife, Synthia, was pregnant. Consider each of the following scenarios and answer the questions: (a) Suppose that the child died in the nursery three hours after her birth. Does Synthia have to register the birth of the child? Provide a reason as well as authority for your answer. ( (b) Suppose that the child died a day after the birth. Will the child be able to inherit from Thomas' estate? Explain your answer in a brief paragraph. (4) (7] Question 2 Allison, a pregnant woman, was involved in a serious car accident last month. Her child, Zoe, was bom three days after the accident with brain damage. Allison now wants to sue the Road Accident Fund, as she believes that the brain damage was caused by the accident. Will she be able to lodge a claim on behalf of a child who had not been born at the time of the accident? Provide authority for your answer. [2] Question 3 Katlego, who is fifteen years old, is 19 weeks pregnant. She visits Dr Coleman, the local medical practitioner, to find out about termination of the pregnancy. Answer the following questions: (a) She does not want to tell her parents about the pregnancy. May Dr Coleman terminate the pregnancy without her parents' consent? Provide a reason for your answer. (2) (b) Katlego tells Dr Coleman that the pregnancy is the result of her being raped by a family friend, and that she does not want to have the baby. However, Dr Coleman is concerned that the pregnancy is quite advanced. May he proceed with the termination under these circumstances? Provide a reason for your answer. (2) (c) Katlego's friend has told her that the foetus has constitutional rights that have to be considered before termination can take place. Briefly discuss this with reference to authority. (3) [7] Question 4 Answer the following questions that deal with domicile: ) Peter, a thirty-year-old male, has been living in Johannesburg since his birth. However, last year he was convicted of murder and is now serving a life sentence in Durban. Where is he domiciled? Provide authority for your answer. (2) (b) Patricia, who is 27 years old, was born in Cape Town where she lived until she was involved in a serious car accident at the age of 25, as a result of which she became mentally incapacitated. Thereafter her parents, who now live in East London, sent her to live in a facility in George where she receives special care. She has been living there for the past two years. Where is Patricia domiciled? Provide a reason for your answer. (2) TOTAL : [20] 15
