The fact that the missing person was in bad health at the time of disappearance.

The question whether the person was married or not. 

The fact whether the person was engaged in a dangerous trade.

The age of the person at the time when he or she disappeared.

A guardian who has consented to a transaction may withdraw consent prior to the conclusion of the transaction.

The guardian must have knowledge of each and every term of the contract.

The guardian’s consent may relate to a single transaction or to several transactions.

His parents, who are also his heirs. 

His wife who wishes to remarry.

A bank official of the bank where the bond over his house is registered.

The magistrate of the town where he was domiciled.

public servants and employees of foreign governments could acquire a domicile of choice in South Africa.

foreign military staff could not acquire a domicile of choice in South Africa, however much they wished to settle here permanently.

a foreign diplomat could acquire a domicile of choice in South Africa while in the service of a foreign country.

a prisoner who had been imprisoned for life automatically acquired a domicile of choice in prison.

FB v MB

KLVC v SDI

Centre for Child Law v

Director-General: Department of Home Affairs

Minister of Welfare and

Population Development v Fitzpatrick

Kgomotso, who is 20 years old, has limited capacity to act.

Mateo, who is 12 years old, has limited capacity to act.

Ben, who is six years old, has limited capacity to act.

Sara, who is 18 years old, has limited capacity to act.

A juristic act that is performed during a lucid interval by a person who has been declared mentally ill is valid.

Whether a person was mentally ill at a specific moment is a question of fact which must be determined on a preponderance of probabilities.

A marriage is not automatically dissolved by the mental illness of one of the spouses.

A mentally ill person can enter into a contract with the assistance of his or her curator.

Anele’s father may recover the money he spent on Anele's hospital treatment with the condictio.

If Nazreen signs an acknowledgement of guilt, Anele’s father has a legal document which will allow him to claim the money he spent on Anele's hospital treatment later.

Because Nazreen has no capacity to act, Anele’s father will not be able to claim any damages from Nazreen.

Anele’s father may sue Nazreen using the actio de pauperie.

Philip’s criminal accountability will have to be

proved by the state

Philip will be presumed to be criminally

unaccountable.

Philip’s criminal accountability is the same as

that of an adult

Philip will have to convince the court of his

innocence.

He convinced Anna that he has been emancipated and entered into the contract without assistance.

He produced a false identity document indicating that he is 19 years old so that he could buy the motorbike unassisted.

He had his guardian’s consent to buy the motorbike, but it later becomes evident that the motorbike is not worth nearly as much as Peter paid for it.

He did not have his guardian’s consent to buy the motorbike and now refuses to pay for it, saying that he did not know he needed assistance to enter into a contract.