All questions are covered, civil and criminal practice.
Number of pages 15 excluding the bibliography.
ECP 2021
TLI4801 FINAL ASSIGNMENT(3) ECP
2021
TLI4801
ECP 2021
,QUESTION 1
1. a) The purpose of the interview will be to elicit the relevant facts. Clarify the client's
objectives. Explain the law and procedure to the client. Advise the client on the available
options. Counsel the client and to take instructions on the future conduct of the matter.
b) The aim of exchanging pleasantries with the client is to make the client relax and feel
comfortable. It is important that the client is able to relate to you and see you as more
than just a legal practitioner.
2. a) Combined summons will be employed in the sense that the nature of the plaintiff’s
claim (damages) is unliquidated. An unliquidated claim would therefore refer to any claim
in respect of which the quantum thereof must be determined. These summons are used
when the plaintiff’s claim is not founded on a debt or liquidated demand. The pleading
which is going to be annexed to the summons to support Mr Adams action is the
particulars of claim. An unliquidated claim is made by way of "particulars of claim", which
is a separate document and is attached to a "combined summons.
In the given set of facts, Mr Adams will use combined summons it is clear from the
foregoing that the amount of R750 000.00 which Mr Adams intends to claim as damages.
b)
North Gauteng High Court
Case no 888 [2021]
Between
Ralph Adams PLAINTIFF
And
Road Accident Fund (RAF) FIRST DEFENDANT
Dave Mhkize SECOND DEFENDANT
, The defendants will be cited as Road Accident Fund (RAF) as the first defendant and
Dave Mhkize as the second defenadant.
c) Facta probanda the facts which must be proved in order to constitute a valid cause of
action. The facts which have to be pleaded, the 'material facts' The material facts are
therefore the essential legal elements of the particular cause of action, charge or defence,
but stated in such a way that they incorporate the specific facts of the case concerned.
d)
PARTICULARS OF CLAIM
1.
On or about 02nd July 2021 the plaintiff was cycling, a bicycle along Long Street,
Johannesburg, the plaintiff was going to Red cross competition line up, cycling in clear
conditions.
2.
As he approached the intersection, the plaintiff was cycling at a lower speed with the other
members of the group known as Fit Riders. He saw traffic lights turn green in their favour.
He intended to go through the intersection into the freeway.
3.
Entering the intersection of Long street, the plaintiff noticed a car (taxi) coming at high
speed into the intersection from her right. The traffic lights must have been red for the
car. The car struck the plaintiff’s bicycle from behind as it was travelling at a high speed.
Mr Adams was in a lot of pain and lost consciousness and came to Hospital in
Johannesburg.
4.
Number of pages 15 excluding the bibliography.
ECP 2021
TLI4801 FINAL ASSIGNMENT(3) ECP
2021
TLI4801
ECP 2021
,QUESTION 1
1. a) The purpose of the interview will be to elicit the relevant facts. Clarify the client's
objectives. Explain the law and procedure to the client. Advise the client on the available
options. Counsel the client and to take instructions on the future conduct of the matter.
b) The aim of exchanging pleasantries with the client is to make the client relax and feel
comfortable. It is important that the client is able to relate to you and see you as more
than just a legal practitioner.
2. a) Combined summons will be employed in the sense that the nature of the plaintiff’s
claim (damages) is unliquidated. An unliquidated claim would therefore refer to any claim
in respect of which the quantum thereof must be determined. These summons are used
when the plaintiff’s claim is not founded on a debt or liquidated demand. The pleading
which is going to be annexed to the summons to support Mr Adams action is the
particulars of claim. An unliquidated claim is made by way of "particulars of claim", which
is a separate document and is attached to a "combined summons.
In the given set of facts, Mr Adams will use combined summons it is clear from the
foregoing that the amount of R750 000.00 which Mr Adams intends to claim as damages.
b)
North Gauteng High Court
Case no 888 [2021]
Between
Ralph Adams PLAINTIFF
And
Road Accident Fund (RAF) FIRST DEFENDANT
Dave Mhkize SECOND DEFENDANT
, The defendants will be cited as Road Accident Fund (RAF) as the first defendant and
Dave Mhkize as the second defenadant.
c) Facta probanda the facts which must be proved in order to constitute a valid cause of
action. The facts which have to be pleaded, the 'material facts' The material facts are
therefore the essential legal elements of the particular cause of action, charge or defence,
but stated in such a way that they incorporate the specific facts of the case concerned.
d)
PARTICULARS OF CLAIM
1.
On or about 02nd July 2021 the plaintiff was cycling, a bicycle along Long Street,
Johannesburg, the plaintiff was going to Red cross competition line up, cycling in clear
conditions.
2.
As he approached the intersection, the plaintiff was cycling at a lower speed with the other
members of the group known as Fit Riders. He saw traffic lights turn green in their favour.
He intended to go through the intersection into the freeway.
3.
Entering the intersection of Long street, the plaintiff noticed a car (taxi) coming at high
speed into the intersection from her right. The traffic lights must have been red for the
car. The car struck the plaintiff’s bicycle from behind as it was travelling at a high speed.
Mr Adams was in a lot of pain and lost consciousness and came to Hospital in
Johannesburg.
4.
