Exam (elaborations)
TLI4801 Assignment 1 Semester 2 2024 (790561) - DUE 19 August 2024
- Course
- TLI4801 (TLI4801)
- Institution
- University Of South Africa (Unisa)
TLI4801 Assignment 1 Semester 2 2024 (790561) QUESTIONS WITH ANSWERS
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TLI4801 Assignment 1Semester 2 2024
(790561) - DUE 19
August 2024
QUESTIONS AND ANSWERS
[DATE]
[COMPANY NAME]
[Company address]
, TLI4801 Assignment 1 Semester 2 2024 (790561) - DUE 19 August
2024
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)
(b) Discuss the type of summons that will be used to institute both of Mrs
M’s and Mr. M and Mrs’ claims respectively (6)
(c) Draft the pleading referred to in (b) above for each of the claims; It must
include inter alia, a heading, the description of the parties, their locus standi
(if applicable), the court’s jurisdiction, material facts and the prayer for each
of the claims (12) Refer to chapters 5 and 6 of the prescribed textbook
(d) Critically discuss the purpose and objectives of your interview and the
aim of exchanging pleasantries with Mrs M during the interview (6)
(e) Explain the different categories of legal practitioners in practice and
indicate as part of your answer, the rules of the profession in terms of the
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