LPL4802 -Law Of Damages Final Portfolio Exam June 2022 Q&A.
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Course
LPL4802 - Law Of Damages (LPL4802)
Institution
University Of South Africa
LPL4802 -Law Of Damages Final Portfolio Exam June 2022 Q&A.
QUESTION 1
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Particulars of claim
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1. The plaintiff is Magdel van der Linde, an adult fe...
1. The plaintiff is Magdel van der Linde, an adult female receptionist with identity number:
920202 0202 087, who sues in her personal capacity and in her representative
capacity on behalf of her minor children Tess van der Linde born on 21 December
2003 and Jese van der Linde 18 March 2018, who reside at unit 102 Wonderpark
Estates, Pretoria.
2. The defendant is the Road Accident Fund, a juristic person established in terms of the
RAF Act 56 of 1966 (hereinafter referred to as “the Act”), which has the capacity to
institute and defend legal proceedings, with its principal place of business within the
jurisdiction of this Honourable Court being 38 Ida Street, Menlo Park, Pretoria.
2.1 In terms of section 17(1)(a) of the Act, the defendant is liable to handle any claims
arising from the driving of a motor vehicle where the identity of either the owner or the
driver has been established.
3. The plaintiff has complied with the provisions of sections 24(1), 24(6) and 19(f) of the
Road Accident Fund Act 56 of 1996.
4. The entire cause of action arose within the area of jurisdiction of the above Honourable
Court.
5. On or about 16 March 2018 on the R80 highway between the Pretoria CBD and
Wonderpark in Pretoria North , a motor vehicle collision occurred between motor
vehicle (black Range Rover) with registration number and letters: TMP 088 GP , driven
at the time by Simon Maphanga , a 32 year old male driver who resides at 11 Maunde
Street Atteridgeville and a motor vehicle (Toyota Tazz) with registration number and
letters: ZPV 377 GP), driven at the time by Pieter van de Linde a 55 year old male
electrician of unit 102 Wonderpark Estates, Pretoria.
5.1 The collision was caused solely by the negligent driving of the said Simon
Maphanga.
, 6. As a result of the aforesaid collision, the plaintiff was conveyed by ambulance,
hospitalised for 30 (thirty) days and treated by medical practitioners for whiplash injury,
a few scratches to the face and induced early labour caused by trauma of the accident.
6.1 As a result of the aforesaid collision, the minor Jese was born with deformities
and hospitalised for 10 (ten) weeks, and will need medical assistance for the rest
of his life.
6.2 As a result of the aforesaid collision, the minor, Tess, was conveyed by
ambulance, hospitalised for 3 (three) months, and treated by medical
practitioners for injuries on her left leg and severe injuries to the head and she
also underwent psychiatric counselling for trauma caused by the accident for 12
(twelve) months
7. As a result of the aforesaid motor vehicle collision, the deceased Pieter van der Linde
born on 17 April 1965 died on 12 August 2018.
7.1 During his lifetime the deceased had a duty to support the plaintiff and their
dependent children, Tess van der Linde, born on 21 December 2003.
7.2 At all material times during the subsistence of their marriage of 2 years, the
plaintiff was a receptionist who, at the date of the deceased’s death, was earning
a salary of R7000.00 (seven thousand rand) per month, thereby contributing to
the income of the household along with the deceased, who was earning a salary
of R40 000 ( forty thousand rand) per month.
7.3 Had the deceased not been killed, he would have been legally obliged to
continue to support the plaintiff and their dependent children.
7.4 Due to the Defendant’s wrongful act, the plaintiff and the dependent children
have lost their right of support from the deceased.
8. As a direct consequence of the motor vehicle collision and the death of the deceased,
the plaintiff has suffered damage in the sum of R 3 355 000 (in her personal capacity),
arrived at as follows:
8.1 Hospital expenses R200 000
8.2 Ambulance transport R10 000
8.3 Radiologist R80 000
8.4 Dr A R20 000
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