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TLI4801 Assignment 1 Due 19 August 2024 (Detailed solution)

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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
Connected book
image
Peter D. Polchinski Elements of Trial Practice
Publisher: 2012 ISBN: 9781933264691 Edition: Unknown

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