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INTRODUCTORY STUDIES QUESTION 1 (a) Briefly explain the main characteristics of the adversarial system of civil procedure. (4) (b) Name any three (3) characteristics of court annexed mediation. (3) (c) Briefly explain the concurrent jurisdiction the High Court has with the Constitutional Court. (4) (d) Briefly explain the difference between domicile and residence. (4) [15] HIGH COURT JURISDICTION AND PROCEDURE QUESTION 2 (a) Y is an incola of Durban. Z wishes to commence proceedings agai...

QUESTION 1 Discuss the causality (at the expense of requirement) requirement of enrichment liability. (10) QUESTION 2 In McCarthy Retail Ltd v Shortdistance Carriers CC 2001 (3) SA 482 (SCA) para [9] the court said: “We now know from the hard print that there is a common-law basis for the acceptance of a general enrichment action, at least one of a subsidiary nature. In this respect the decision of the majority in Nortje’s case has been shown by the then largely dormant authority to b...

The Road Transportation Act 14 of 1977 (the “Act”) regulates public transportation of persons and goods. It allows the Transport Commission the discretion to grant, renew, amend or transfer applications for public permits in terms of section 3 of the Act. It also allows for the withdrawal, suspension or variation of a permit in terms of section 25 of the Act. In December 2021, the Head of the Transport Commission was outraged by the number of accidents which occurred and the resultant loss o...

QUESTION 1 Nhlana Attorneys & Associates (NAA) runs a law firm in the East Rand which is part of Gauteng Province. It has three candidate attorneys, Kryshna, Thandi and Piet. In the first quarter of 2022, Kryshna and Thandi fell pregnant and subsequently took maternity leave towards the end of the third quarter of 2022. Effectively, by the 1st of October 2022, NAA had only Piet as the candidate attorney and thus he had to carry by himself the entire workload meant for all candidate attorneys. P...

QUESTION 1 1.1 Briefly explain to two prospective entrepreneurs, Thandeka and Mike, whether or not the requirements for the piercing of the corporate veil in terms of the Companies Act 71 of 2008 and the Close Corporations Act 69 of 1984 are identical. Refer to case law in your answer. (5) 1.2 Frank is an Information Technology (IT) specialist. He wishes to incorporate a company for his business. He does not want to offer any securities to the public. 1.2.1 Advise Frank on the type of company...

QUESTION 1 ABC company advertises that they have manufactured a patent medicine. The advert states that if this medication is taken, by any person, according to the manufacturer’s prescription, that person will not become ill with the coronavirus sickness. And the advert further states that the company is so confident of this medication, that if anyone does get sick with this virus, after taking the medication as prescribed, the company will pay that person R50 000. Based on this adverti...

Question 1 What must the court in a civil case do if a legal question about the cross-examination of a witness arises and there is no express provision in any South African legislation on the specific issue? Fully explain with reference to a definition. [5] Question 2 Lucky is on trial for the murder of his wife. The prosecution claims that Lucky committed the murder by poisoning his wife with arsenic. Lucky’s defence is that his wife committed suicide. Innocent, an attorney, is called by t...

A, B, C and D allegedly rob a Town Bank, which is located in the city of Cape Town. Members of the South African Police Services (SAPS) are called to the scene of the crime, during which a shoot-out ensues between police and the robbers. Two of the robbers, A and B manage to escape with an undisclosed amount of the loot. C who is holed up inside the bank, is arrested by Sgt. F, whilst trying to walk out through the main door of the bank. D (who is unarmed) is ordered by Capt. G to surrender...

QUESTION 1 1.1 By way of examples and references to the appropriate Constitutional Law authorities, briefly explain the meaning of counter-majoritarian dilemma. (16) 1.2 Succinctly explain, with reference to the relevant authorities, the principle of multiparty democracy from a South African perspective. (18) 1.3 Critically discuss the role of the Public Protector in supporting and strengthening constitutional democracy in South Africa. (16) [50] QUESTION 2 2.1. Discuss the reason behin...

QUESTION 1: GENERAL PRINCIPLES OF THE LAW OF DAMAGES [25 MARKS] 1.1 Part of the broad object of the law of damages is the determination of “damage”, “damages” and the satisfaction thereof. In your own words, explain the difference between “damage” and “damages” within the context of the law of damages. (4) 1.2 Explain the similarities and dissimilarities between the remedies that is/are available for damage caused by animals. In your answer, refer to relevant examples and case ...