TLI4801 Assignment 1
(COMPLETE
ANSWERS) Semester
1 2026 - DUE 16
March 2026;
Kenneth Githaiga
, TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE 16 March 2026;.
Discuss whether it is appropriate for Mr. XT to use an action or application
procedure. ( 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. Discuss the advantages and disadvantages of advising by letter
to a “lay” client. Discuss whether Mr. April will use a combined summons or a
provisional sentence summons to institute his claim or action. Discuss
whether the Road Accident Fund can be approached in this matter. Discuss
the procedure that the defendant Krek Forte may use in the above instance
Discuss the application of ‘community service’ in practice. In your answer,
you must refer to current legislation 1. 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. (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] 3. On the afternoon of 3rd December 2025, 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
(COMPLETE
ANSWERS) Semester
1 2026 - DUE 16
March 2026;
Kenneth Githaiga
, TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE 16 March 2026;.
Discuss whether it is appropriate for Mr. XT to use an action or application
procedure. ( 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. Discuss the advantages and disadvantages of advising by letter
to a “lay” client. Discuss whether Mr. April will use a combined summons or a
provisional sentence summons to institute his claim or action. Discuss
whether the Road Accident Fund can be approached in this matter. Discuss
the procedure that the defendant Krek Forte may use in the above instance
Discuss the application of ‘community service’ in practice. In your answer,
you must refer to current legislation 1. 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. (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] 3. On the afternoon of 3rd December 2025, 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
