Exam (elaborations)
TLI4801 ASSIGNMENT 1 | SEMESTER 2 | DUE 19 AUGUST 2024
- Institution
- University Of South Africa (Unisa)
TLI4801 ASSIGNMENT 1 | SEMESTER 2 | DUE 19 AUGUST 2024
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,1(a) Road Accident Fund and Mrs. M’s ClaimThe Road Accident Fund (RAF) in South Africa is designed to compensate
individuals who suffer personal injuries or death due to motor vehicle
accidents. It does not cover property damage. In this case, Mrs. M's claim
pertains to the damage to her boundary wall, which does not qualify for
compensation from the RAF.
Mrs. M can only seek compensation from the RAF if she had sustained
bodily injuries in the accident. Since her claim is strictly for property
damage to her boundary wall, the RAF is not applicable. Instead, she must
pursue her claim directly against Mr. Deen Ros, the driver who caused the
accident. This means that Mrs. M must take legal action against Mr. Ros to
recover the costs of repairing the wall, which have been quoted at
R68,000.00.
The RAF's scope is limited to providing financial compensation for medical
expenses, loss of income, and other related costs for individuals who are
injured or killed in road accidents due to the negligence of others. Property
damage, such as the repair costs for Mrs. M's boundary wall, falls outside
the RAF's mandate.
, Therefore, Mrs. M should file a claim against Mr. Ros for the damages to
her property, as the RAF will not provide any compensation for this type of
loss. This direct approach will be necessary to address the costs incurred
due to the accident.
1(b) Types of Summons for Mrs. M’s and Mr. M’s Claims
In South African civil procedure, there are two primary types of summons
used to initiate legal action: combined summons and simple summons.
Combined Summons:
A combined summons is employed when the claim requires detailed
particulars to explain the cause of action. This is typically used in cases
where the nature of the claim is complex and not easily quantifiable. The
particulars of claim are attached to the summons and provide a
comprehensive narrative of the facts and the legal basis for the claim.
For Mr. M’s claim, a combined summons would be appropriate. Mr. M is
seeking compensation for personal injuries and medical expenses totaling
R130,000.00, which necessitates a detailed account of the incident, the
nature of the injuries sustained, the negligence of Mr. Deen Ros, and the
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