Exam (elaborations)
TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (790561) - DUE 19 August 2024
- Institution
- University Of South Africa
TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (790561) - DUE 19 August 2024
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,1. You are a recently admitted legal practitioner practising as anadvocate 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)
To determine whether Mrs. M can approach the Road Accident
Fund (RAF) for her claim, we need to understand the RAF's role
and the types of claims it covers under South African law. The
RAF provides compensation for personal injuries and damages
, caused by motor vehicle accidents, but there are specific
guidelines for eligibility. Here’s a detailed analysis:
1. Nature of the Road Accident Fund (RAF)
The Road Accident Fund (RAF) is a public entity established to
provide compensation for personal injuries or death resulting from
motor vehicle accidents in South Africa. It is governed by the
Road Accident Fund Act, No. 56 of 1996, as amended. The RAF
covers:
• Personal injury or death of individuals caused by accidents
involving motor vehicles.
• Medical expenses, loss of income, and general damages for
pain and suffering due to personal injury.
2. Scope of Claims Covered by the RAF
Personal Injury Claims
The RAF compensates individuals for personal injuries sustained
in motor vehicle accidents, including:
• Medical expenses.
• Loss of earnings.
• Pain and suffering.
• General damages for permanent disabilities.
Property Damage Claims
The RAF does not cover claims for property damage, including
damage to vehicles or property such as boundary walls. Claims for
property damage need to be pursued through civil litigation
against the responsible party, rather than through the RAF.
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