LPL4802 PORTFOLIO (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

LPL4802 PORTFOLIO (DETAILED ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ,. QUESTION 1 [15 marks] Critically discuss Ngubane v RAF 2022 (5) SA 231 (GJ), a copy of which is provided for your reference. Your answer must clearly demonstrate that you have read and understood the case. Marking criteria Marks will be awarded as follows: • Facts of the case (2), • Legal question (1), • Judgment and ratio decidendi (10), • Stating whether you agree/disagree with the judgment and provide specific reason(s) for your answer (2). QUESTION 2 [15 marks] James, a wealthy and well-known businessman, was unlawfully arrested by the police after a tip-off from an informer that he was part of a gang that was involved in an ATM bombing. As it was dark, James was wrongly identified as a member of the gang. While being detained, James shouted at the police, calling them a bunch of lawless idiots and threatening to get back at them. After his unlawful arrest, he was detained for 48 hours (from Friday evening to Sunday evening) before he was released. Since James is a wealthy and well-known businessman in the area, news of his arrest quickly reached the media, who arrived at the police station where James was being detained to report on his arrest. Advise him in detail whether he may institute an action and how his claim will be assessed. Downloaded by samay pipper () lOMoARcPSD| Page 4 of 7 QUESTION 3 [25 marks] Read the facts below and answer the questions that follow: On 9 August 2024, Jacob and Kagiso concluded a contract. In terms of the contract, Kagiso agreed to convert Jacob’s tennis courts into padel courts. The cost of the conversion amounted to R5 000 000. Kagiso required a deposit of R2 500 000 before the commencement of the project to buy the necessary supplies to complete the task. Jacob paid the required deposit. They further agreed that Kagiso would commence with the conversion of the tennis courts on 9 September 2024. However, Kagiso never arrived to begin the conversion of the tennis courts. Jacob made several enquiries, but Kagiso always postponed the date on which he would start with the project, claiming that he was still busy with another project. By 9 December 2024, it became clear that Kagiso was not going to adhere to the agreement. He informed Jacob that his workers had left his employ and that he could not find other workers with the necessary expertise. Jacob demanded a refund of his deposit, but Kagiso claimed that he had already bought the necessary supplies and was therefore unable to refund Jacob. Jacob wants to claim damages for breach of contract, and he also wants to claim R320 000 from Kagiso for loss of income, as he had planned to hire out the padel courts for use and to give padel lessons. 3.1 What is the overriding philosophy of the law of contract and how would this impact the agreement between Jacob and Kagiso? (3) 3.2 Explain whether Jacob meets the requirements to institute a claim for damages for breach of contract against Kagiso. (4) 3.3 What remedy is available to Jacob in terms of the principles of the law of contract? Will Jacob be able to claim any monetary compensation from Kagiso? If so, to what amount will he be entitled? Refer to a decided case to substantiate your answer. In one sentence, state what the court held in this case. (6) Downloaded by samay pipper () lOMoARcPSD| Page 5 of 7 3.4 Will Jacob be able to claim the R320 000 from Kagiso for loss of income for the planned hiring out of the padel courts and the planned padel lessons? (3) 3.5 Distinguish between those damages that are intrinsic/general and those that are extrinsic/special. Give a detailed explanation of each. (9) QUESTION 4 [35 marks] Read the facts below and answer the questions that follow: Nyla is a passenger in a vehicle driven by Angela. On the morning of 6 July 2024, while Nyla and Angela were on their way to an engagement party, Angela swerved to avoid a pothole in the road and the car overturned. After the accident, Nyla was taken to the hospital by ambulance, for which she received a bill for R5000. At the hospital, it was determined that she had broken her arm. She was hospitalised for one day and her arm was put in a cast. The hospital charged her R7500 for the treatment and a further R8000 for the night she was hospitalised. Her doctor advised her to go for physiotherapy once a week for 3 months (i.e. 12 sessions). Nyla now finds herself in a predicament, as the only physiotherapist is 35 kilometers away and this will have cost implications for her. It will cost her approximately R300 for a one-way Uber trip to the physiotherapist. This is in addition to the physiotherapy fees of R800 per session. Nyla is an artist who works for a local gallery. Due to her injuries, she will not be able to work for 6 weeks. After this period, she can return to work and do light duties until the physiotherapy sessions have been completed. Nyla earns R6800 per week. 4.1 Nyla wants to know from you, her attorney, whether she has a claim for damages. Indicate in table form which claims Nyla has. (This question should not be answered in essay format, but on the table that is provided to you.) In your answer you must identify the claim that can be instituted, indicate the type of claim (i.e., under which category the claim falls), whether it will fall under general or special damages and, finally, the amount. Please include calculations, where applicable, as marks will be awarded for this. (30) Downloaded by samay pipper () lOMoARcPSD| Page 6 of 7 4.2 Use the same set of facts, but now assume that Nyla was not the passenger but the driver of the vehicle at the time of the accident. During the trial, the court held that Nyla was 30% negligent. Explain in detail how this will affect the award for damages that she may claim from the Road Accident Fund (RAF). Show detailed calculations, as marks will also be awarded for all calculations. (5) QUESTION 5 [10 marks] 5.1 Explain the relationship between an attorney and his or her client in detail. (3) 5.2 Suppose an attorney has been appointed as the executor of an estate. However, because of his negligence, the heirs lose their inheritance. Will the attorney be liable for damages to the heirs in his capacity as attorney? Answer ‘yes’ or ‘no’ and briefly explain your answer. (1) 5.3 Suppose an attorney gives his client the assurance that they will win a particular case. However, it turns out that he made an error of judgement. Will the attorney be liable for damages based on negligence? Answer ‘yes’ or ‘no’ and briefly explain your answer. (2) 5.4 After Elijah was involved in a motor vehicle accident that left him a paraplegic, he instructed his attorney, Wesley, to claim compensation from the Road Accident Fund (RAF). Elijah’s claim amounted to R2 000 000. However, Wesley forgot about the case. After the claim had prescribed, he informed Elijah about it. Does Elijah have a claim against Wesley? Answer ‘yes’ or ‘no’ and briefly explain your answer. (2) Downloaded by samay pipper () lOMoARcPSD| Page 7 of 7 5.5 Suppose an attorney provides advice to his clients about a property that they are interested in purchasing. The clients purchase the property on his advice and pay R 2 400 000. Later, it turns out that the advice received from the attorney about the property is incorrect and that the property is worth R 2 000 000. How will damages be calculated? Explain and provide the calculation. (2)