TLI4801 Assignment 1
Semester 2 2024
(790561) - DUE 19
August 2024
[Company address]
, TLI4801 Assignment 1 Semester 2 2024 (790561) - DUE 19 August 2024
1. You are a recently admitted legal practitioner practising as an advocate in terms
of the Legal Practice Act, 2014. On the afternoon of 26 June 2024 at around 7am
in Bryanston, Johannesburg, Mr M is on his way back home from a run when he
got hit by Mr. Deen Ros, driving a 4/x4 Bakkie motor vehicle with registration
number DR 482 RR GP. The collision occurred on the side of the road a few
metres from the house owned and registered in the name of Mrs M, the wife of Mr
M. and this is after Mr. Ros had lost control of the motor vehicle which also
resulted in him colliding with a boundary wall of the house owned by Mrs M. Mr
M suffered a broken leg because of the collision and now seeks to institute a claim
for damages against Mr. Dee Ros, including medical costs in the amount of R130
000,00. The costs to repair the damage to the wall was quoted to Mrs M as
amounting to R68 000,00 and she seeks to institute legal action for these damages
as well. Mr M and Mrs M now approach you for advice following a referral from a
mutual friend and Mr M’s instructions are for you to institute legal action against
Mr. Deen Ros for his negligent driving that resulted in the personal injury damages
he has suffered, and Mrs M seeks to sue for the costs to repair the damages to the
boundary wall of her property. 4
(a) Discuss whether the Road Accident Fund can be approached in this matter
involving Mrs M. (6)
(b) Discuss the type of summons that will be used to institute both of Mrs M’s and
Mr. M and Mrs’ claims respectively (6)
(c) Draft the pleading referred to in (b) above for each of the claims; It must
include inter alia, a heading, the description of the parties, their locus standi (if
applicable), the court’s jurisdiction, material facts and the prayer for each of the
claims (12) Refer to chapters 5 and 6 of the prescribed textbook
(d) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Mrs M during the interview (6)
(e) Explain the different categories of legal practitioners in practice and indicate as
part of your answer, the rules of the profession in terms of the Legal Practice Act,
2014 that you will be required to comply with before you can be able to assist Mrs
M directly without an attorney
TLI4801 Assignment 1: Legal Opinion and Draft Pleadings
Semester 2 2024
(790561) - DUE 19
August 2024
[Company address]
, TLI4801 Assignment 1 Semester 2 2024 (790561) - DUE 19 August 2024
1. You are a recently admitted legal practitioner practising as an advocate in terms
of the Legal Practice Act, 2014. On the afternoon of 26 June 2024 at around 7am
in Bryanston, Johannesburg, Mr M is on his way back home from a run when he
got hit by Mr. Deen Ros, driving a 4/x4 Bakkie motor vehicle with registration
number DR 482 RR GP. The collision occurred on the side of the road a few
metres from the house owned and registered in the name of Mrs M, the wife of Mr
M. and this is after Mr. Ros had lost control of the motor vehicle which also
resulted in him colliding with a boundary wall of the house owned by Mrs M. Mr
M suffered a broken leg because of the collision and now seeks to institute a claim
for damages against Mr. Dee Ros, including medical costs in the amount of R130
000,00. The costs to repair the damage to the wall was quoted to Mrs M as
amounting to R68 000,00 and she seeks to institute legal action for these damages
as well. Mr M and Mrs M now approach you for advice following a referral from a
mutual friend and Mr M’s instructions are for you to institute legal action against
Mr. Deen Ros for his negligent driving that resulted in the personal injury damages
he has suffered, and Mrs M seeks to sue for the costs to repair the damages to the
boundary wall of her property. 4
(a) Discuss whether the Road Accident Fund can be approached in this matter
involving Mrs M. (6)
(b) Discuss the type of summons that will be used to institute both of Mrs M’s and
Mr. M and Mrs’ claims respectively (6)
(c) Draft the pleading referred to in (b) above for each of the claims; It must
include inter alia, a heading, the description of the parties, their locus standi (if
applicable), the court’s jurisdiction, material facts and the prayer for each of the
claims (12) Refer to chapters 5 and 6 of the prescribed textbook
(d) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Mrs M during the interview (6)
(e) Explain the different categories of legal practitioners in practice and indicate as
part of your answer, the rules of the profession in terms of the Legal Practice Act,
2014 that you will be required to comply with before you can be able to assist Mrs
M directly without an attorney
TLI4801 Assignment 1: Legal Opinion and Draft Pleadings
