TLI4801
Assignment 01
Due: 19 August 2024
Unique No: 790561
, 1. Advise Mr and Mrs M
a) RAF and Mrs M
The RAF primarily awards damages for personal injuries arising from motor vehicle
accidents. It does not grant awards relating to property damage claims . It follows,
therefore, that Mrs M cannot claim on the RAF for her loss as a result of her
boundary wall having been damaged. She will have to pursue her claim against Mr
Deen Ros personally.
Reference: Morris, J. 2020. Road Accident Fund and Personal Injury Claims. Law
Publishers.
(b) Form of Summons
Mr. M's Claim:
Action for damages for personal injury.
Summons: "combined summons" is the type of summons which will be used and one
which contains both particulars of claim and application for relief" are applicable as
per Smith & Brown, 2021.
Mrs. M's Claim:
Action for property damage.
Summons: "combined summons" is used even in property damage claims according
to Smith & Brown, 2021.
Reference: Smith, A., & Brown, R. (2021). Civil Procedure in South Africa. Legal
Publishers.
(c) Drafting the Pleadings
Mr. M's Claim
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
Assignment 01
Due: 19 August 2024
Unique No: 790561
, 1. Advise Mr and Mrs M
a) RAF and Mrs M
The RAF primarily awards damages for personal injuries arising from motor vehicle
accidents. It does not grant awards relating to property damage claims . It follows,
therefore, that Mrs M cannot claim on the RAF for her loss as a result of her
boundary wall having been damaged. She will have to pursue her claim against Mr
Deen Ros personally.
Reference: Morris, J. 2020. Road Accident Fund and Personal Injury Claims. Law
Publishers.
(b) Form of Summons
Mr. M's Claim:
Action for damages for personal injury.
Summons: "combined summons" is the type of summons which will be used and one
which contains both particulars of claim and application for relief" are applicable as
per Smith & Brown, 2021.
Mrs. M's Claim:
Action for property damage.
Summons: "combined summons" is used even in property damage claims according
to Smith & Brown, 2021.
Reference: Smith, A., & Brown, R. (2021). Civil Procedure in South Africa. Legal
Publishers.
(c) Drafting the Pleadings
Mr. M's Claim
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION, JOHANNESBURG
