Court Procedure Paper 1 Questions with Correct Answers.

What effect does the fact that a person does not have a motobike license have on any of his claims Correct Answer - no license is not, per se, a bar to any claims he might have either in terms of the RAFA or in terms of the common law. Liability arises in delict Distinguish between the degrees of negligence that need to be proven in respect of a passenger claim and a drivers claim Correct Answer For a passenger to succeed with a claim against the RAF proverbial 1% negligence needs to be proven on the side of the insured driver whereas for a driver to avoid any apportionment of his claim 100% negligence needs to be proven on the side of the insured driver. In other words, an apportionment is not possible against a passenger but is possible against the driver of a vehicle depending on the degree of negligence of both drivers List 4 non deductible collateral benefits Correct Answer 1. Benefits derived from insurance and assurance policies maintained by the third party or bread winner; 2. Insurance and pension benefits payable to dependents; 3. All ex gratia payments of whatever nature; 4. Money obtained from a child grant. Set out the procedural steps in the Mag Court and High Court that you would take in an appeal to the High Court from a judgment of a Magistrate in a civil matter up to and including the notice of set down in the High Court. Correct Answer Within 15 days of the judgment in the Mag Court, hand to the Registrar or Clerk of the Court a request that a judgment in writing must be delivered showing: