Exam (elaborations)
LPL4802 TAKE HOME EXAM DUE 27 OCTOBER2023
- Course
- LPL4802 (LPL4802)
- Institution
- University Of South Africa (Unisa)
LPL4802 TAKE HOME EXAM DUE 27 OCTOBER2023
[Show more]
Content preview
, LPL4802 TAKE-HOME EXAMINATION 2023QUESTION 1
NATURE AND ASSESSMENT OF NON-PATRIMONIAL LOSS (ESSAY
a) Study Nemangwela v Road Accident Fund (437/2022) [2023] ZASCA (8 June
2023) case herein attached as well as the Road Accident Fund Act 56 of 1996 as
amended and answers the question below:
Write a critical appreciation/analysis of the court’s reasoning to disqualify the
forklift as a motor vehicle for the purposes of claiming damages from the Road
Accident Fund. Refer to the relevant case law and applicable legislation quoted
and relied on, in this case.
In the case of Nemangwela v Road Accident Fund (437/2022), the court was
faced with the question of whether a forklift can be considered a "motor
vehicle" for the purpose of claiming damages from the Road Accident Fund. The
court reasoned that the forklift did not meet the criteria to be considered a
motor vehicle, and therefore the claimant would not be eligible to claim
damages from the Road Accident Fund.
To arrive at this conclusion, the court relied on the provisions of the Road
Accident Fund Act 56 of 1996 as amended. According to section 1 of the Act, a
"motor vehicle" is defined as a vehicle which is designed or adapted for
propulsion by mechanical means, and includes any self-propelled wheelchair,
but does not include a vehicle running on rails. The court's reasoning was based
on the interpretation of this definition.
The court referred to previous case law, specifically the case of MEC, Roads and
Public Works, Eastern Cape v Schmidt (638/2007) [2008] ZASCA 134 (14
November 2008), where the Supreme Court of Appeal held that a vehicle must
be primarily designed or adapted for propulsion by mechanical means in order
to be considered a motor vehicle. The court in Nemangwela v Road Accident
Fund found this reasoning to be persuasive and applied it to the present case.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller mahimbye. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
62890 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now