LJU4802 Assignment 1 Semester 1 2023 (Distinction} Questions and Answer

What effect does the fact that a person does not have a motobike license have on any of his claims - -- no license is not, per se, a bar to any claims he might have either in terms of the RAFA or in terms of the common law. Liability arises in delict -Distinguish between the degrees of negligence that need to be proven in respect of a passenger claim and a drivers claim - -For a passenger to succeed with a claim against the RAF proverbial 1% negligence needs to be proven on the side of the insured driver whereas for a driver to avoid any apportionment of his claim 100% negligence needs to be proven on the side of the insured driver. In other words, an apportionment is not possible against a passenger but is possible against the driver of a vehicle depending on the degree of negligence of both drivers -List 4 non deductible collateral benefits - -1. Benefits derived from insurance and assurance policies maintained by the third party or bread winner; 2. Insurance and pension benefits payable to dependents; 3. All ex gratia payments of whatever nature; 4. Money obtained from a child grant. -Set out the procedural steps in the Mag Court and High Court that you would take in an appeal to the High Court from a judgment of a Magistrate in a civil matter up to and including the notice of set down in the High Court. - -Within 15 days of the judgment in the Mag Court, hand to the Registrar or Clerk of the Court a request that a judgment in writing must be delivered showing: 1. The facts that the Magistrate has found to be proved; 2. His reasons for judgment. 3. An appeal may be noted within 20 days after the date of the judgment appealed against or within 10 days after the Registrar of the Clerk of the Court has supplied a copy of the judgment in writing to the party applying therefor which ever period shall be longer 4. An appeal shall be noted by the delivery of a notice of appeal served and filed in the Magistrate's Court. 5. Unless the Court otherwise orders by giving securiy for the Respondent's costs of appeal to the amount of R1 000. 6. An appeal shall be prosecuted within 60 days after the noting of such appeal by: