T
, LI4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024
(790561) - DUE 19 August 2024 ; 100%
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.
Legal Advice and Proposed Action
Parties Involved:
Plaintiff 1: Mr. M (injured party)
Plaintiff 2: Mrs. M (property owner)
Defendant: Mr. Deen Ros (driver of the vehicle)
Claims:
1. Mr. M: Personal injury claim for damages amounting to R130,000.00 for medical costs.
2. Mrs. M: Property damage claim for R68,000.00 for repair costs to the boundary wall.
Legal Framework: