TLI4801 Assignment 1 (DETAILED ANSWERS) Semester 2 2026 - DISTINCTION GUARANTEED

TLI4801 Assignment 1 (DETAILED ANSWERS) Semester 2 2026 - DISTINCTION GUARANTEED- DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references... Avril Mark, a commercial property owner, is in the business of leasing office space in Menlyn, Pretoria. Mr. Mark instructs his attorney, Mr. Winner XT, to sue his former tenant, Ms. Sue Best, a psychologist, running her business as a sole proprietor at the Menlyn property of Avril Mark for arrear rentals in respect of the office space. Mr XT proceeds with a summons issued out of the High Court division, Pretoria. The matter is defended. The parties prepare for the trial and Ms. Best fails to disclose some documents. Mr. XT believes that his client’s case preparation is prejudiced by this failure, and he approaches the court in terms of Rule 35(7) for an order to force Sue Best to disclose the documents. Answer the following questions. You may supplement the given facts, provided that your own rendition does not detract from the core issues. (a) Discuss whether it is appropriate for Mr. XT to use an action or application procedure for this purpose. (4) (b) Depending on your answer in (a) above, name and discuss the pleading or process that will be used by Mr. XT on behalf of his client, Mr. Avril Mark. (6) Refer to Chapter 10 of the prescribed textbook as a starting point. You must apply the relevant law to the given facts. [10] 2. Discuss the advantages and disadvantages of advising by letter to a “lay” client. Refer to Chapter 2 of the prescribed textbook. [4] 4. ASSIGNMENTS 4 TLI4801/102/2/2026 3. On the morning of 30 April 2026, John April, a cyclist and a member of a local cycling club, is on his normal morning scenic coastal routes ride on a public road in Salt Rock, North Coast near Durban. Suddenly, he is struck from behind by a speeding delivery van driven by Krek Forte, with registration number BC 44 KZN. The accident takes place on Salt Rock drive. Mr. April is injured as a result of the accident, and his bicycle is damaged. He furthermore sustains the following injuries: a broken right leg, a broken pelvis, a deep cut below his right eye resulting in permanent facial scarring, bruises and abrasions to the right-hand side of his body. His doctors advise him that he will not be able to resume cycling as a sport because of his injuries. His injuries and damages amount to R 850 000,00. Mr. April wants to institute a claim against Krek Forte. He approaches you for legal advice. Answer the following questions, using proper references in footnotes. You may supplement the given facts, provided that your own rendition does not detract from the core issues. (a) Discuss whether Mr. April will use a combined summons or a provisional sentence summons to institute his claim or action. (4) (b) Discuss whether the Road Accident Fund can be approached in this matter. (4) (c) Mr. April’s pleading contains the following statement: “4. The said accident was caused by the negligence of the defendant Krek Forte in that he: (a) drove recklessly as delivery vans are in the habit of doing…” Discuss the procedure that the defendant, Krek Forte, may use in the above instance. (4) Refer to Chapters 6 and 9 of the prescribed textbooks. [12] 4. Discuss the application of ‘community service’ in practice. In your answer, you must refer to current legislation.