TLI4801
Assignment 1
Semester 1
2024
ADMIN
[COMPANY NAME]
, 1. You are a recently admitted legal practitioner practising as an advocate in
terms of the Legal Practice Act, 2014. On the afternoon of 16 January 2024,
Mrs M is on her way back home in Bryanston, Johannesburg after collecting
her two children from their first day back at school when she is involved in a
motor vehicle accident where her vehicle was hit from behind by Mr. K who
had failed to stop at a red traffic light at the corner of Winnie Mandela Drive
and Sloane Street, Bryanston, resulting in the collision. Mrs M vehicle suffered
extensive damage to its electronic safety systems to the value of R80 000,00,
amongst other damages caused and she is extremely distressed in that she
does not have insurance and is unable to afford to pay for the repair costs.
Mrs. M approaches you for advice following a referral from a mutual friend and
her (Mrs. M) instructions are for you to institute legal action against Mr. K for
his negligent driving that resulted in the damages to Mrs M’s motor vehicle.
Answer the following questions. (a) Critically discuss the purpose and
objectives of your interview and the aim of exchanging pleasantries with Mrs
M during the interview. (10)
(a) Purpose and Objectives of the Interview:
1. Gathering Information: The primary purpose of the interview is to gather
comprehensive information about the incident and Mrs. M's situation. This
includes details about the accident, the damages suffered, any injuries, and
the circumstances surrounding Mr. K's negligent driving. It is crucial to have
a clear understanding of the facts to build a strong legal case.
2. Legal Assessment: Assessing the legal aspects of the case is another key
objective. This involves understanding the applicable laws related to motor
vehicle accidents, negligence, and liability. Additionally, exploring potential
legal remedies and strategies for pursuing a claim against Mr. K will be part
of the discussion.
3. Identifying Witnesses and Evidence: Inquiring about any potential
witnesses, obtaining photographs or videos of the accident scene, and
documenting other evidence are essential. This helps in building a robust
case and establishing the liability of Mr. K for the damages incurred.
4. Financial Situation: Understanding Mrs. M's financial situation is crucial,
especially since she mentions being unable to afford the repair costs. This
information will guide decisions on how to proceed, considering factors such
as potential settlements, legal fees, and the feasibility of pursuing the matter
in court.
5. Advising on Legal Options: Explaining the legal options available to Mrs.
M is a key objective. This includes discussing potential courses of action,
such as filing a claim, negotiating with Mr. K's insurance (if any), or initiating
Assignment 1
Semester 1
2024
ADMIN
[COMPANY NAME]
, 1. You are a recently admitted legal practitioner practising as an advocate in
terms of the Legal Practice Act, 2014. On the afternoon of 16 January 2024,
Mrs M is on her way back home in Bryanston, Johannesburg after collecting
her two children from their first day back at school when she is involved in a
motor vehicle accident where her vehicle was hit from behind by Mr. K who
had failed to stop at a red traffic light at the corner of Winnie Mandela Drive
and Sloane Street, Bryanston, resulting in the collision. Mrs M vehicle suffered
extensive damage to its electronic safety systems to the value of R80 000,00,
amongst other damages caused and she is extremely distressed in that she
does not have insurance and is unable to afford to pay for the repair costs.
Mrs. M approaches you for advice following a referral from a mutual friend and
her (Mrs. M) instructions are for you to institute legal action against Mr. K for
his negligent driving that resulted in the damages to Mrs M’s motor vehicle.
Answer the following questions. (a) Critically discuss the purpose and
objectives of your interview and the aim of exchanging pleasantries with Mrs
M during the interview. (10)
(a) Purpose and Objectives of the Interview:
1. Gathering Information: The primary purpose of the interview is to gather
comprehensive information about the incident and Mrs. M's situation. This
includes details about the accident, the damages suffered, any injuries, and
the circumstances surrounding Mr. K's negligent driving. It is crucial to have
a clear understanding of the facts to build a strong legal case.
2. Legal Assessment: Assessing the legal aspects of the case is another key
objective. This involves understanding the applicable laws related to motor
vehicle accidents, negligence, and liability. Additionally, exploring potential
legal remedies and strategies for pursuing a claim against Mr. K will be part
of the discussion.
3. Identifying Witnesses and Evidence: Inquiring about any potential
witnesses, obtaining photographs or videos of the accident scene, and
documenting other evidence are essential. This helps in building a robust
case and establishing the liability of Mr. K for the damages incurred.
4. Financial Situation: Understanding Mrs. M's financial situation is crucial,
especially since she mentions being unable to afford the repair costs. This
information will guide decisions on how to proceed, considering factors such
as potential settlements, legal fees, and the feasibility of pursuing the matter
in court.
5. Advising on Legal Options: Explaining the legal options available to Mrs.
M is a key objective. This includes discussing potential courses of action,
such as filing a claim, negotiating with Mr. K's insurance (if any), or initiating
