TLI4801 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 22 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024
TLI4801 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 17 - 22 OCTOBER 2024 - UNIQUE NUMBER :- 658473 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
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University of South Africa (Unisa)
Techniques in trial and litigation
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QUESTION
You are a recently admitted legal practitioner practising as an advocate in terms of the Legal
Practice Act, 2014. On the afternoon of 26 June 2024 at around 7am in Bryanston, Johannesburg,
Mr M is on his way back home from a run when he got hit by Mr. Deen Ros, driving a 4/x4 Bakkie
motor vehicle with registration number DR 482 RR GP. The collision occurred on the side of the
road a few metres from the house owned and registered in the name of Mrs M, the wife of Mr M. and
this is after Mr. Ros had lost control of the motor vehicle which also resulted in him colliding with a
boundary wall of the house owned by Mrs M. Mr M suffered a broken leg because of the collision
and now seeks to institute a claim for damages against Mr. Dee Ros, including medical costs in the
amount of R130 000,00…. QUESTION CONTINUES…
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Answer the following questions using proper references. Your entire
assignment answer (questions 1 (a) – (e) must not exceed 15 pages. Note: You
may make up your own facts to supplement the given facts without detracting
from the core issues.
You are a recently admitted legal practitioner practising as an advocate in terms
of the Legal Practice Act, 2014. On the afternoon of 26 June 2024 at around 7am
in Bryanston, Johannesburg, Mr M is on his way back home from a run when he
got hit by Mr. Deen Ros, driving a 4/x4 Bakkie motor vehicle with registration
number DR 482 RR GP. The collision occurred on the side of the road a few
metres from the house owned and registered in the name of Mrs M, the wife of
Mr M. and this is after Mr. Ros had lost control of the motor vehicle which also
resulted in him colliding with a boundary wall of the house owned by Mrs M. Mr
M suffered a broken leg because of the collision and now seeks to institute a
claim for damages against Mr. Dee Ros, including medical costs in the amount
of R130 000,00.
The costs to repair the damage to the wall was quoted to Mrs M as amounting
to R68 000,00 and she seeks to institute legal action for these damages as well.
Mr M and Mrs M now approach you for advice following a referral from a mutual
friend and Mr M’s instructions are for you to institute legal action against Mr.
Deen Ros for his negligent driving that resulted in the personal injury damages
he has suffered, and Mrs M seeks to sue for the costs to repair the damages to
the boundary wall of her property.
(a) Discuss whether the Road Accident Fund can be approached in this matter
involving Mrs M. (6)
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