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TLI4801 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 (790561) - DUE 19 August 2024

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TLI4801 Assignment

1 (COMPLETE

ANSWERS)

Semester 2 2024

(790561) - DUE 19

August 2024

,TLI4801 Assignment 1 (COMPLETE ANSWERS) 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


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, 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;


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