, LML4807 Assignment 1 (COMPLETE ANSWERS) Semester 2
2024 - DUE 9 September 2024 ; 100% TRUSTED Complete,
trusted solutions and explanations.
Briefly discuss the following prescribed case: Durr v ABSA
Bank and Another 1997 (3) SA 448 (SCA) The allocation of
marks for the discussion is as follows: 1. Facts of the case (3) 2.
The legal issues before the court (1) 3. The decision of the court
(meaning the reasons for the decision of the court) (5) 4. Critical
comment (your own opinion on whether the court correctly
interpreted the law, or whether there is room for the law to be
amended to some extent) (1)
Case Discussion: Durr v ABSA Bank and Another 1997 (3)
SA 448 (SCA)
1. Facts of the Case (3 Marks):
In the case of Durr v ABSA Bank and Another, the plaintiff,
Durr, invested a substantial amount of money in a financial
scheme upon the advice of ABSA Bank's financial advisor. The
investment turned out to be a failure, and Durr lost a significant
portion of his capital. Durr claimed that the bank's financial
advisor had negligently misrepresented the safety and
profitability of the investment, leading him to suffer financial
loss. Durr argued that had he been properly informed of the
risks, he would not have invested in the scheme.
2. The Legal Issues Before the Court (1 Mark):