TLI4801 PORTFOLIO MEMO - OCT./NOV. 2025 - SEMESTER 2 - UNISA - DUE DATE :- 23 - 28 OCTOBER 2025 - (DETAILED ANSWERS - DISTINCTION GUARANTEED!)

TLI4801 PORTFOLIO MEMO - OCT./NOV. 2025 - SEMESTER 2 - UNISA - DUE DATE :- 23 - 28 OCTOBER 2025 - (DETAILED ANSWERS - DISTINCTION GUARANTEED!) THE QUESTION PAPER: QUESTION 1: CIVIL PRACTICE [50] Question 1.1 Mrs. N Slipper and her family decide to drive to Durban for the weekend to celebrate her 60th birthday. On 22 August 2025 they arrive at the Slip and Shiny Hotel (Pty) Ltd, situated on the Durban beachfront with stunning views of the Indian Ocean and with direct access to the beach from the main lobby of the hotel. The lobby floor is polished in a natural blue limestone, known for its beauty and slickness when wet. On the morning of 23 August 2025 at 08h00am the family, comprising of Mrs. Slipper, her husband and their 2 grandchildren, decide to have breakfast at the hotel lobby and to immediately head to the beach for an early swim after breakfast. After breakfast, the family head to the beach. As Mrs. Slipper walked from the main entrance towards the exit door leading to the beach, her feet slipped out from under her, and she fell hard onto her right side. She immediately felt a sharp pain in her right hip and was unable to get up. The cause of her slip was a clear, odourless liquid that was on the floor where she fell. The liquid was identified as spilled bottled water. One of the guests who checked-in approximately 20 minutes earlier had a water bottle on top of his luggage that was not tightly closed. Some of the water spilled onto the floor. The spill was not identified by the staff despite the hotel’s clear policy requiring cleaning staff to “continuously patrol” the lobby area to identify hazards on the floor. As a result of the fall, Mrs. Slipper suffered a fractured right hip and required emergency surgery. She was hospitalised for five days and then transferred to a rehabilitation facility for three weeks. Now she is home but requires a walker. Her recovery is progressing more slowly than expected due to her age and pre-existing arthritis. Her orthopaedic surgeon states she will likely have permanent reduced mobility and will develop post-traumatic arthritis in the joint. Her medical expenses to date amount to R350 000,00 (surgery, hospital stay, and rehabilitation) and her future medical expenses (physical therapy and potential future surgery) are estimated at R75 000,00. Mrs. Slipper blames the hotel’s negligent conduct for her fall, her resulting injuries and the pain and suffering she has endured. She now approaches you for advice on instituting legal action against the hotel. Answer the following questions, using proper references. Note: In your answers, you are required to make up facts to supplement the given facts of the case in so far as your own rendition does not detract from the core issues. (a) Will it be advisable to commence with a letter of demand to commence with the legal action against the hotel and what are the possible benefits for doing so? (6) (b) Mrs. Slipper instructs you to proceed with a summons following the failure of the hotel to respond to the letter of demand. Discuss whether Mrs. Slipper should use a provisional sentence summons or a combined summons to institute her claim or action. (4) 6 TLI4801/202/2/2025 (c) (d) (e) Discuss the pleading that will be annexed to the summons to support Mrs. Slipper’s claim or action. (4) Draft that section of the pleading (referred to in 1 (c) above) that sets out Mrs. Slipper’s material facts or facta probanda only. (10) Critically discuss whether mediation can be used as an appropriate ADR strategy by Mrs. Slipper to have the matter resolved. (6) (30) Question 1.2 (a) (b) (c) (d) Critically discuss how an inadequate pleading can be rectified. (4) Discuss the use of vocational training in practice. (6) Discuss how one can address the following mistakes in negotiation (4) (i) failing to plan a concession (1) (ii) failure to pay attention to detail (2) (iii) employing an inflexible approach to the case (1) Mr. D Brilliant, an attorney, represents the plaintiff in a divorce matter. Mr. D Brilliant has been requested by the couple (plaintiff and defendant) to settle their divorce action and draft a settlement agreement for both parties. Discuss whether it is ethical for the plaintiff’s attorney, Mr. D Brilliant, to draft the settlement agreement for both parties. (6) (20) [50] 7 TLI4801/202/2/2025 QUESTION 2: CRIMINAL PRACTICE [50] Question 2.1 Tuffy has been arrested on a charge of murder following a shootout during an armed robbery of a cash-in-transit vehicle just outside of the Pretoria CBD. The incident resulted in the death of the driver of the cash-in-transit security company vehicle and the wounding of his assistant. Tuffy’s arrest arises from his links to his uncle (who has also been arrested) as well as the fact that an unlicensed firearm, that is linked to the armed robbery and murder, was found in his room. Tuffy’s background circumstances are to the effect that he is 22 years old and lives with his mother and four siblings in Danville, Pretoria West. None of them are employed, although his mother receives a monthly pension of R1500. The two younger siblings are at school. Tuffy earns R300 over the weekends working for his uncle at his car wash business. Tuffy is also working as a gardener two days a week for an elderly woman who pays him R200 per day. He has been doing this for the past five years, starting on weekends while he was still at school, and continuing during the week after completing school. He has applied (and been accepted) to do a motor mechanic course at the Pretoria West TVET College and is due to commence with his studies on 01 January 2026. The police are opposed to Tuffy being released on bail on the basis that the offences with which he has been charged are serious, and that cash-in-transit robbery cases are not abating but have increasingly become more violent. There were three other suspects who have not yet been arrested, and there is a fear of widespread intimidation of witnesses. Tuffy’s version of events surrounding the incident is that he has been falsely implicated. He admits to being in possession of a firearm but states that it was given to him by his uncle for safekeeping. He claims that he was under the impression that the firearm was licensed. Prepare the following arguments: (a) Assume you are Tuffy’s attorney. Argue in favour of him being released on bail. (5) (b) Tuffy has a previous conviction of theft committed three years ago and he was sentenced to three months’ imprisonment. Discuss whether this must be disclosed by you as part of your arguments in support of his application and the consequences for Tuffy and his application for bail, should this not be disclosed. (5) (d) Assume you are the public prosecutor. Argue in favour of denial of Tuffy’s release on bail. (5) (e) Assume you are the magistrate. Give a considered judgement as to whether the accused should be released on bail, including any conditions upon which Tuffy should be released. (5) [20] 8 TLI4801/202/2/2025 Question 2.2 (a) (b) Discuss the impact of the sentence agreement in terms of Section 105A of the Criminal Procedure Act 51 of 1977. (5) Discuss the circumstances when an application for separation of trial can be made. (5) [10] Question 2.3 Your client, Miles Roe, who has been arrested on a charge of assault with intent to cause grievous bodily harm, advises you that he is not guilty. The evidence against your client is that he attacked the victim, Dane Sam, with a hammer. The incident took place on 24 September 2025 in Nel Mapius in the Regional Division of North Gauteng. The complainant/victim has suffered visible and extensive injuries as a result of the incident. Your client denies, however, that he committed the assault. He informs you that the victim attacked him first unjustifiably and that he (your client) acted in self-defence. Therefore, he instructs you, as his attorney, to tender a plea of not guilty on his behalf. (a) Critically discuss the type of information a defence attorney should avoid when drafting his client’s plea explanation. (5) (b) Draft that aspect of your client’s plea in terms of the Criminal Procedure Act 51 of 1977 that only sets out your client’s plea explanation and his section 220 admissions. (10) [15] Question 2.4 An attorney, Danny Means, arrives at court to attend to an unopposed application on behalf of his client when suddenly, and in the middle of court proceedings, his cellphone rings loudly inside court. He does not switch off the phone but slowly walks outside to answer the call. Mr. Means’s matter is number eight out of ten matters on the roll and Mr. Means is therefore unavailable when his matter is called. He rushes back to the courtroom following his phone call when the presiding officer has just completed giving a ruling on the last matter on the roll. Mr. Means stands up and requests that his matter be heard. He explains to the presiding officer that he had to step outside to take an urgent personal telephone call from his wife. He makes a ribald joke about “demanding spouses and offspring”. Discuss whether Mr. Means’s conduct conforms to acceptable court etiquette. (5) [5] [50] TOTAL: [100]