Description
LPL4802 PORTFOLIO Semester 2 2023 OCTOBER NOVEMBER Due Date: 27 October 2023Β
Answers for LPL4802 Exam OCTOBER / NOVEMBER Portfolio
DOCUMENT PREVIEW
QUESTION 1
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a.
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In the case of Nemangwela v Road Accident Fund1, the court had to determine whether aΒ forkliftΒ couldΒ beΒ consideredΒ aΒ motorΒ vehicleΒ forΒ theΒ purposesΒ ofΒ claimingΒ damagesΒ fromΒ theΒ RoadΒ AccidentΒ FundΒ (RAF).Β TheΒ courtΒ ultimatelyΒ disqualifiedΒ theΒ forkliftΒ asΒ aΒ motorΒ vehicle,Β thus denying the claimant the ability to seek compensation from the RAF. In order toΒ critically appreciate and analyze the court’s reasoning, it is necessary to examine theΒ relevantΒ case lawΒ and legislationΒ utilized inΒ reachingΒ thisΒ decision.
The court’s reasoning for disqualifying the forklift as a motor vehicle rests primarily on theΒ interpretation of the definition of a ‘motor vehicle’ as provided in the Road Accident FundΒ ActΒ 56Β ofΒ 1996Β asΒ amended.Β TheΒ Act2Β definesΒ aΒ motorΒ vehicleΒ asΒ “anyΒ self-propelledΒ vehicleΒ designedΒ forΒ useΒ onΒ aΒ roadΒ andΒ notΒ exclusivelyΒ designedΒ forΒ useΒ asΒ aΒ tractor,Β implement orΒ industrial machine.” The court found that the forklift, while self-propelled and designed forΒ use in an industrial setting, did not meet the requirement of being designed for use on aΒ road.
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