TLI4801 Assignment 1 Semester 1 2024. Gathering Information: The primary purpose of the interview is to gather
comprehensive information about the incident and Mrs. M's situation. This includes
details about the accident, the damages suffered, any injuries, and the circumstances
surrounding Mr. ...
, 1. You are a recently admitted legal practitioner practising as an advocate in
terms of the Legal Practice Act, 2014. On the afternoon of 16 January 2024,
Mrs M is on her way back home in Bryanston, Johannesburg after collecting
her two children from their first day back at school when she is involved in a
motor vehicle accident where her vehicle was hit from behind by Mr. K who
had failed to stop at a red traffic light at the corner of Winnie Mandela Drive
and Sloane Street, Bryanston, resulting in the collision. Mrs M vehicle suffered
extensive damage to its electronic safety systems to the value of R80 000,00,
amongst other damages caused and she is extremely distressed in that she
does not have insurance and is unable to afford to pay for the repair costs.
Mrs. M approaches you for advice following a referral from a mutual friend and
her (Mrs. M) instructions are for you to institute legal action against Mr. K for
his negligent driving that resulted in the damages to Mrs M’s motor vehicle.
Answer the following questions. (a) Critically discuss the purpose and
objectives of your interview and the aim of exchanging pleasantries with Mrs
M during the interview. (10)
(a) Purpose and Objectives of the Interview:
1. Gathering Information: The primary purpose of the interview is to gather
comprehensive information about the incident and Mrs. M's situation. This includes
details about the accident, the damages suffered, any injuries, and the circumstances
surrounding Mr. K's negligent driving. It is crucial to have a clear understanding of the
facts to build a strong legal case.
2. Legal Assessment: Assessing the legal aspects of the case is another key objective. This
involves understanding the applicable laws related to motor vehicle accidents,
negligence, and liability. Additionally, exploring potential legal remedies and strategies
for pursuing a claim against Mr. K will be part of the discussion.
3. Identifying Witnesses and Evidence: Inquiring about any potential witnesses,
obtaining photographs or videos of the accident scene, and documenting other
evidence are essential. This helps in building a robust case and establishing the liability
of Mr. K for the damages incurred.
4. Financial Situation: Understanding Mrs. M's financial situation is crucial, especially
since she mentions being unable to afford the repair costs. This information will guide
decisions on how to proceed, considering factors such as potential settlements, legal
fees, and the feasibility of pursuing the matter in court.
5. Advising on Legal Options: Explaining the legal options available to Mrs. M is a key
objective. This includes discussing potential courses of action, such as filing a claim,
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