TLI4801 ASSIGNMENT 1 MEMO - SEMESTER 1 UNISA 2022

Assignment 01 – Semester 1 Answer the following questions using proper references. Your entire assignment answer (questions 1-4) must not exceed 15 pages. 1. Mrs. Jones instructs her attorney, Mr. A to sue her former tenant, Ms. Liz Taylor for arrear rentals in respect of an apartment. The matter is defended. The parties prepare for the trial and Dolly Young fails to disclose some documents. Mr. A believes that his client’s case preparation is prejudiced by this failure and he approaches the court in terms of Rule 35(7) for an order to force Liz Taylor to disclose the documents. Answer the following questions. You may supplement the given facts, provided that your own rendition does not detract from the core issues. (a) Discuss whether it is appropriate for Mr. A to use an action or application procedure. (4) (b) Depending on your answer in (a) above, name and discuss the pleading or process that will be used by Mr. A. (6) Refer to chapter 10 of the prescribed textbook as a starting point. You must apply the relevant law to the given facts. [10] 2. Discuss the advantages and disadvantages of advising by letter to a “lay” client. Refer to pages 34-35 of the prescribed textbook. [4] TLI4801/102/1/2022 3 3. On the morning of the 2nd April 2019, a cyclist, Mr. Joe Soap, who is a member of a local cycling club, is cycling on a public road in C a p e T o w n . Suddenly, he is struck from behind by a speeding taxi driven by Jap Krieg, with registration number CA 01234. The accident takes place on Long Street, Cape Town. Mr. Soap is injured as a result of the accident and his bicycle is damaged. Mr. Soap sustains the following injuries: a broken right leg, a broken pelvis, a deep cut below his right eye resulting in permanent facial scarring, bruises and abrasions to the right-hand side of his body. His doctors advise him that he will not be able to resume cycling as a sport as a result of his injuries. His injuries and damages amount to R 550 000,00. Mr. Soap wants to institute a claim against Jap Krieg. He approaches you for legal advice. Answer the following questions, using proper references. You may supplement the given facts, provided that your own rendition does not detract from the core issues. (a) Discuss whether Mr. Soap will use a combined summons or a provisional sentence summons to institute his claim or action. (4) (b) Discuss whether the Road Accident Fund can be approached in this matter. (4) (c) Mr. Soap’s pleading contains the following statement: “4. The said accident was caused by the negligence of the defendant Jap Krige in that he: (a) drove recklessly as taxi drivers are in the habit of doing...” Discuss the procedure that the defendant Jap Krige may use in the above instance. (4) Refer to chapters 6 and 9 of the prescribed textbooks. [12] 4. Discuss the application of ‘community service’ in practice. In your answer, you must refer to current legislation. [4] Refer to legislation addressing community service. Total for Assignment 1:[30]