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TLI4801 SUPPLEMENTARY PORTFOLIO MEMO 2022 JANUARY/FEBRUARY R299,99
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TLI4801 SUPPLEMENTARY PORTFOLIO MEMO 2022 JANUARY/FEBRUARY

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PORTFOLIO MEMO WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY. THE JANUARY/FEBRUARY 2022 QUESTION PAPER: QUESTION 1: CIVIL PRACTICE 1. On the morning of 2nd January 2022, a cyclist, Mrs Alanna Smit, who is a member of a local hiking club “Easy Walkers”, is walking on a public road in Johannes...

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  • January 28, 2022
  • 27
  • 2021/2022
  • Exam (elaborations)
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  • tli4801
  • a cyclist
  • mrs alanna smit
  • tli4801 portfolio memo 2022
  • the januaryfebruary 2022 question paper question 1 civil practice 1 on the morning of 2nd january 2022
  • who is a member of a local h

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TLI4801
Techniques in Trial and
Litigation
JANUARY/ FEBRUARY
2022
SUPPLEMENTARY
PORTFOLIO MEMO
WITH FOOTNOTES AND
BIBLIOGRAPHY
27 PAGES

, THE JANUARY/FEBRUARY 2022 QUESTION PAPER:


QUESTION 1: CIVIL PRACTICE


1. On the morning of 2nd January 2022, a cyclist, Mrs Alanna Smit, who is a
member of a local hiking club “Easy Walkers”, is walking on a public road
in Johannesburg. Suddenly, she is struck from behind by a speeding taxi
driven by Joe Soap, with registration number TN565GP. The accident
takes place on Long Street, Johannesburg. Mrs Smit is injured as a result
of the accident and her bicycle is damaged. Mrs Smit sustains the
following injuries: a broken right leg, a broken pelvis, a deep cut below
her right eye resulting in permanent facial scarring, bruises and abrasions
to the right-hand side of her body. Her doctors advise her that she will not
be able to resume cycling as a sport as a result of her injuries. Her injuries
and damages amount to R 750 000,00. Mrs Smit wants to institute a claim
against Joe Soap. She 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 Mrs Smit should use a provisional sentence summons
or a combined summons to institute her claim or action. (4)


Combined Summons


Combined summons is the most important form of summons and may be used for any
kind of claim. It is mandatory to use a combined summons in the case of an
unliquidated claim such as a claim for damages or an illiquid claim, such as divorce. It
consists of two parts:1




1
Peté, Hulme, Du Plessis, Civil procedure: a practical guide 3rd ed Palmer, Sibanda Civil procedure: a practical
guide 3rd ed. (2013) Oxford University Press - Page 216

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