Summary
Summary CASE STUDY FOR CLAIMS
- Course
- Civil Procedure (LCVP4814)
- Institution
- University Of The Freestate (UFS)
CIVIL PROCEDURE CASE STUDY FOR CLAIMS
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CASE STUDY A – CLAIM FOR PERSONAL INJURY AND BREACH OF CONTRACTJim Swift, an auditor, was testing his new Nissan Hardbody 4 × 4 (registration number ABC
123 GP) in his suburb, Parktown (Magistrate’s Court)/Lynnwood (High Court). He did not keep
a proper lookout and skipped a traffic light at the corner of King and Queen Avenues. Jack and
Jill Khumalo, two pharmacists who were recently married, were already driving through the
crossing in Jill’s BMW X5 (registration number XYZ 456 GP) which Jill was driving at the time.
Jim struck the passenger-side front door of the BMW X5. Damage to the BMW amounted to
R200 000 whilst the only damage to the Nissan was to the front bull bar the repair of which
amounted to R150 000. Only Jack suffered injuries. He suffered injuries to his head, back and
both legs. The police visited the scene of the accident and drafted a sketch plan. They also
obtained statements from both Jill and Jim. The public prosecutor decided to prosecute Jim for
reckless and/or negligent driving, alternatively for failing to stop at the stop street. (Rick’s
towing service company removed the BMW from the scene of the accident and took it to the
premises of a panel beater.) For the purposes of the Magistrate’s Court example assume the
collision occurred on 5 January 2011 and for the purposes of the High Court example assume
it occurred on 5 January 2010.
It appears that Jack will be in hospital for three months and that he sustained severe injuries.
He will probably never be able to work or take care of his own affairs again. As a result of his
injuries
(a) he received medical treatment in the hospital;
(b) he will be dependent on medical treatment for an indefinite period;
(c) he suffered loss of amenities of life;
(d) he will probably suffer from pain and discomfort for the rest of his life;
(e) he suffered emotional trauma and shock that will persist for an indefinite period.
The extent of the damages is as follows:
Past medical and hospital expenses R155 246,85
Past loss of earnings R185 289,00
Future medical and hospital expenses R200 000,00
Future loss of earnings or earning capacity R3 705 780,00
General damages R650 000,00
TOTAL R4 896 315,85
Jill is advised to appoint a curator ad litem for Jack to institute a claim against the RAF.
Meanwhile, Jill sues Jim in the Magistrate’s Court for the damage to her BMW.
Jill and Jack had been discussing the possibility of buying a new car. As the BMW has been
damaged in the collision, she decides to buy a new Mercedes. She walks into Exclusive Cars
one morning and as she approaches the main desk, a man introduces himself as Stan Eales,
the floor manager of Exclusive Cars. He helps her buy a Mercedes 600L for R600 000. She
immediately pays the deposit of R120 000 by cheque and gives it to Stan. Stan promises to
deliver the Mercedes to her house the next day but fails to do so. When she phones Exclusive
Cars, the receptionist informs her that Stan Eales is the delivery man and is not allowed to sell
cars.
CASE STUDY B – MATRIMONIAL CLAIM AND PERSONAL INSOLVENCY
Betty Butcher and Billy Butcher were married on 10 May 1995. They have two children, Cate
and Duplicate, both born on 7 March 2000. Billy is a medical doctor and Betty is a nurse, but
since the birth of the children she worked only part-time in order to look after the children and
help Billy in his medical practice. She did not receive remuneration for helping out in the
practice and Billy is therefore the main breadwinner for the family. He began an extramarital
affair with a woman, known only as Tantalizing Tina, right after the children were born. This
affair has continued ever since. Betty knew about the affair and repeatedly asked Billy to stop
seeing Tina, but to no avail. She didn’t want to leave Billy because she did not know how to
support and look after the children and herself with the income and type of job that she had. A
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