OCTOBER 2023 EXAM (ANSWERS) TECHNIQUES IN TRIAL AND LITIGATION (TLI4801)
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Course
TECHNIQUES IN TRIAL AND LITIGATION (TLI4801)
Institution
University Of South Africa (Unisa)
QUESTION 1
On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a
local bicycle club, “Easy Riders”, is riding on a public road in Lynnwood,
Pretoria. Suddenly he is struck from behind by a speeding taxi with registration
number BN264GP driven by Joe Speedy. The accid...
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, QUESTION 1
On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a
local bicycle club, “Easy Riders”, is riding on a public road in Lynnwood,
Pretoria. Suddenly he is struck from behind by a speeding taxi with registration
number BN264GP driven by Joe Speedy. The accident occurs on Lynnwood
Road, Pretoria. Mr Barnes is injured as a result of the accident and his bicycle is
damaged. Mr Barnes sustains the following injuries: a broken right leg, a broken
pelvis, a deep cut below his right eye resulting in permanent facial scarring,
bruises and abrasions to the right-hand side of his body. His doctors advise him
that he will not be able to resume cycling as a sport as a result of his injuries.
His injuries and damages amount to R 950 000,00. Mr Barnes wants to institute
a claim against Joe Speedy. He approaches you for legal advice. Answer the
following questions, using proper references. Note: In your answers, you are
required to make up facts to supplement the given facts of the case in so far as
your own rendition does not detract from the core issues.
a. Discuss whether Mr Barnes will use a provisional sentencesummons or
a combined summons to institute his claim or action.
Mr Barnes would use a combined summons to institute his claim against Joe
Speedy. The use of a combined summons is favoured when the claim
encompasses not only the pursuit of damages but also the assertion of
compensation for injuries and distress. This strategy is consistent with the
intricacy of Mr. Barnes' case, which encompasses issues of personal injury and
financial losses.
A combined summons is the preferred legal document in cases where the claim
involves not only seeking to recover damages but also claiming compensation
for injuries and suffering. This approach aligns with the complexity of Mr.
Barnes' case, which includes personal injury and damages. By using a
2
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