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Study Unit 5 - Age as a status determining factor - Infans - Coggle Diagram
Study Unit 5 - Age as a status determining factor - Infans
Ages
From 7 - 18 => Considered a minor
Between 7 and puberty - children are rebuttably presumed to be delictually unaccountable
Limited capacity to act
From 18 upwards => Considered a major
Full capacity to act
From 0 - 7 => Considered an infant
No capacity to act
Can never be delictually liable
Void and voidable contracts
Void contract
Never existed in terms of the law
No remedy except to restore the status quo ante => Position which one would have been in prior to entering into the contract
Voidable contract
Legally valid contract exists
If there is a problem, e.g. party enters into a contract on a misrepresentation => Person that entered on a misrepresentation has the choice to either respect or set the contract aside
Infans - Capacities
Capacity to act
1) An infant cannot perform a valid juristic act because at that age they are unable to comprehend
No legal consequences can be attached to the intentions of an infant
Cannot conclude a valid juristic act
2) The law is like this on order to protect the infans and this does not violate the infants right to equality
3) There is a irrebuttable presumption that someone under the age of 7 does not understand the legal consequences and thus has no capacity to act alone
If a gift it given, the only way in which an infant can conclude this is if the parent or guardian acts for or on behalf of the infant. Assistance does not count 0 needs to be for and on the behalf of
If the parent is unaware the gift still belongs to the giver
4) An infant cannot accept a donation, must be accepted for or on the behalf of the infant
5) The contractual rights and duties of the infant:
If the guardian enters into a contract for or on behalf
The rights and duties that flow are the infants
6) The limits of the guardians capacity
An engagement cannot be entered into on behalf of the infants
De minimis non curat lex - the law does not concern itself with trivialities (e.g. buying sweets and ice cream)
Capacity to litigate
In terms of common law, an infant cannot be party to a lawsuit even if assisted by a parent or guardian
Guardian / parent must litigate on behalf of the infans
The pleadings cannot be issued in the name of the infant
Legal capacity
Cannot hold certain offices
Employee
Spouse
Director of a company
Curator of an insolvent estate
Accountability
Liability is based on fault
Completely unaccountable
Liability not based on fault
If an infant is the owner of a domestic animal that has caused damage
Can be sued under action de pauperie (the exception to the general rule)
Presumption - Infant is never accountable
Liability based on unjustified enrichment and negotiorum gestio (unauthorised administration)
Consequences of a void contract
Status quo ante restored
Claim for unjustified enrichment:
Condiction indebiti = money paid back
Rei vindicatio = Ownership of property never transferred, returned
Infants concluded on their own
Consequences of a valid contract
Cancellation of contract => Return of performance delivered
May claim damages to be placed in position as if contract had been adhered to
All parties must perform in terms of the contract => may apply for court order demanding performance
Parents are liable if:
3rd party not informed that they were acting for and on behalf of the infant
Debt incurred for maintenance
They stood surety for the debts of the infant
Concluded for and on behalf of the infant