SCL1501 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED) – DUE DATE: - 18 AUGUST 2023

SCL1501 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2023 - UNISA - (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED) – DUE DATE: - 18 AUGUST 2023 ASSIGNMENT 1: SCL1501 SECOND SEMESTER 2023 TOTAL [50] Question 1 "Law is therefore an essential aspect whenever humans interact with each other in a society ... Almost all aspects of our lives are impacted on by law". (a) Explain why law is regarded as sine qua non for human interaction in a society. Give examples of what the situation would be like without law. (3) Question 2 "The student should realise that he/she belongs to the learning space as a human being and not as a non-human entity with an empty brain, which needs to be filled with unquestionable knowledge given by some teacher, lecturer or professor” (a) Explain how this extract links to the metaphor of a bank in “banking education”. (b) Explain “praxis” in the context of the above extract. (c) Why is the concept of "subjective being" said to be central to learning? Question 3 (4) (3) (4) Read the section “finding a court case” and do activity 3.3 Learning Unit 3 of your Study Guide, page 47. With reference to what you have found, answer the following questions: (a) What type of a case is S v Makua 1993 (1) SACR 160 (T)? Explain why you say so? (4) (b) Unravel the citation of this case, and further summarise what the case was about. (6) Question 4 (a) Refer to Learning Unit 4 in your Study Guide, page 74 and do ONLY question 3 of activity 4.3. (4) Open Rubric (b) What is the importance of "clothes" and "facial expressions" for legal practice? (4) (c) In the context of participation in the legal processes, what do you understand by the phrase "representation by proxy"? (5) Question 5 Tony and Merafe were involved in a motor car collision at an intersection near Lephepane. At the time of the collision, Tony was driving a Mazda 3 which he had bought for R168 000 (VAT incl). Merafe was driving a Toyota Hilux valued at R154 000.00. Tony is 23% negligent, whereas Merafe is 44% negligent. The damage to the Hilux is estimated at R56 000.00. It is uneconomical to repair the Mazda 3, but its salvage value is R69 900.00. The pre-accident value of the Mazda was R160 000.00 With reference to the damage to Tony and Merafe's motor vehicles calculate who must pay whom, and what would be the amount in damages. (3) Question 6 (10 MARKS) Lebo Mahaeng, an attorney at Mahaeng Attorneys, arranges an account for her client, Sindi Mahlangu, on the following basis: Every letter written R90 Every letter received R65 Drafting of summons R999 Drafting of an affidavit R99 per page or any part thereof Telephonic consultations R205 per 15 minutes or any part thereof Consultation R1005 per 30 minutes or any part thereof Stamps R7.40 VAT excl During the past month Lebo Mahaeng rendered the following services: Received 17 letters Wrote and posted 13 letters Drafted 3 summonses Drafted three affidavits: 1 consisting of 3 pages, 1 consisting of 31⁄2 pages and 1 consisting of 51⁄2 pages Consulted twice telephonically: first for 29 minutes and later 18 minutes Consultation twice: first for 33 minutes and later for 1 hour and 32 minutes Instructed an Advocate, Peter Ledwaba, to draft a document. The Advocate charged R1650 VAT excl The client went to Medi-Clinic in Polokwane City to consult a doctor, and source out a medico-legal report. The doctor charged R3 650.00 VAT excl. VAT @ 15% Draft a comprehensive statement of account for Lebo Mahaeng to Sindi Mahlangu