TLI4801 Assignment 1
(COMPLETE
ANSWERS) Semester 2
2024 (790561) - DUE 19
August 2024 ; 100%
TRUSTED Complete,
trusted solutions and
explanations.
ADMIN
[COMPANY NAME]
,1. 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.
4 (a) Discuss whether the Road Accident Fund can be approached in
this matter involving Mrs M. (6)
The Road Accident Fund (RAF) is a statutory body in South Africa
that provides compensation to victims of road accidents for bodily
injuries and death, but not for property damage. The primary
function of the RAF is to pay compensation for injuries or death
resulting from the negligent driving of motor vehicles within South
Africa. Given this mandate, let's address whether the RAF can be
, approached in the matter involving Mrs. M and the damages to her
boundary wall.
1. Nature of Claims Covered by the RAF
The RAF compensates for:
• Bodily injuries to individuals caused by motor vehicle
accidents.
• Loss of support for dependents of deceased victims.
The RAF does not cover:
• Property damage, including damage to vehicles, buildings, or
other personal property.
2. Mrs. M's Claim for Boundary Wall Damages
Mrs. M’s claim involves the cost of repairing the boundary wall of
her property, which was damaged when Mr. Deen Ros lost control
of his vehicle and collided with it. This type of damage is classified
as property damage, not bodily injury or death.
3. Applicability of the RAF in Mrs. M's Case
Since the RAF’s mandate does not extend to property damage, Mrs.
M cannot approach the RAF for compensation for the damage to her
boundary wall. The RAF's purpose is strictly limited to providing
compensation for personal injuries and loss of support due to motor
vehicle accidents.
4. Alternative Legal Recourse for Mrs. M
Given that the RAF cannot be approached for property damage,
Mrs. M will need to pursue a different legal avenue to seek
compensation for the damage to her boundary wall. She can institute
