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TLI4801 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - UNIQUE NUMBER :- 790561 (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)

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TLI4801 ASSIGNMENT 1 MEMO - SEMESTER 2 - 2024 - UNISA - UNIQUE NUMBER :- 790561 (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED) Assignment 01 – Semester 2 Answer the following questions using proper references. Your entire assignment answer (questions 1 (a) – (e) must not exceed 15 pages. Note: You may make up your own facts to supplement the given facts without detracting from the core issues. 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 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; It must include inter alia, a heading, the description of the parties, their locus standi (if applicable), the court’s jurisdiction, material facts and the prayer for each of the claims (12) Refer to chapters 5 and 6 of the prescribed textbook (d) Critically discuss the purpose and objectives of your interview and the aim of exchanging pleasantries with Mrs M during the interview (6) (e) Explain the different categories of legal practitioners in practice and indicate as part of your answer, the rules of the profession in terms of the Legal Practice Act, 2014 that you will be required to comply with before you can be able to assist Mrs M directly without an attorney (6) Total for Assignment 01: [30]

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TLI4801
Techniques In trial and litigation

ASSIGNMENT 1
MEMO
SEMESTER 2 – 2024 - UNISA
UNIQUE NUMBER: - 790561
DUE DATE: - 19 AUGUST 2024
Includes Footnotes and/or Bibliography.



ASSIGNMENT PREVIEW
QUESTIONS

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 Ros, including medical
costs in the amount of R130 000,00.


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, Assignment 01

Semester 2



Answer the following questions using proper references. Your entire assignment
answer (questions 1 (a) – (e) must not exceed 15 pages. Note: You may make up
your own facts to supplement the given facts without detracting from the core
issues.



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 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.

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