TLI4801 portfolio (COMPLETE ANSWERS) Semester 2 2023. Fully referenced
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QUESTIONΒ 1
On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a local bicycle club, βEasy Ridersβ, is riding on a public road in Lynnwood,Β Β Suddenly he is struck from behind by a speeding taxi with registration number BN264GP driven by Joe Speedy. The accident occurs on Lynnwood Road, Pretoria. Mr Barnes is injured as a result of the accident and his bicycle is damaged. Mr Barnes 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 injuriesnand damages amount to R 950 000,00. Mr Barnes wants to institute a claim against Joe Speedy. He approaches you for legal advice. 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.
Discuss whetherΒ MrΒ BarnesΒ willΒ useΒ aΒ provisionalΒ sentenceΒ summonsΒ orΒ a combined summons to institute his claim or action
Mr Barnes would typically use a combined summons to institute his claim against Joe Speedy. A combined summons is a legal document that combines the process of claiming a debt and a claim for damages. In this case, Mr. Barnes is not only seeking to recover damages for his injuries and bicycle damage but also to claim compensation for his injuries and suffering. The combined summons will outline the details of the incident, Joe Speedy’s alleged negligence, the injuries sustained, and the damages claimed. It will also set out the legal basis for the claim, which may include negligence and any other relevant legal principles.Provisional sentence summons, on the other hand, is typically used for cases where the .debt is clear and there is no dispute about it. Since Mr. Barnes’ case involves a complex issue of personal injury and damages, a combined summons is the appropriate legal document to initiate the claim…………
20 pages
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