TLI_Portfolio_Exam

Question 1 (a) The case is a civil case and pertains to two possible claims. Firstly, the case is about a motor vehicle accident claim against the Road Accident Fund in terms of s 3 of the Road Accident Fund Act 56 of 1996. The claim is informed by the personal injuries sustained by Mrs. Smith and her passengers. Secondly, the case pertains to a private claim for delictual damages allegedly committed by Mr. Soap against the property of Mrs. Smith, namely her motor vehicle. (b) “He who alleges must prove”. In the event that Mrs. Smith wishes to bring any of the claims mentioned above, the onus will rest on her to prove that a motor vehicle accident did occur and that it was as a result of the negligence or recklessness of the other party. Unlike criminal cases where the burden of proof is required to be beyond a reasonable doubt, a civil claim to be brought by Mrs. Smith requires proof on a balance of probabilities. This means that the judge or magistrate presiding over the claim will, after hearing the cases of the parties decide on the most probable version of events and rule in favour of that case. (c) The cause of action in Mrs. Smith’s case is the motor vehicle collision between her and Mr. Soap’s motor vehicles. All other ancillary claims, such as the claim for personal injuries and the claim for damages to her motor vehicle, will emanate from the motor vehicle collision