TLI4801 PORTFOLIO SEMESTER 2 – 2023 (705316)

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TLI4801 PORTFOLIO SEMESTER 2 – 2023 (705316)

Due date for examination: 16 October 2023
Unique number: 705316
Submission period: 12 October 2023 – 16 October 2023

1. On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a local
bicycle club, “Easy Riders”, is riding on a public road in Lynnwood, Pretoria. 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 injuries and damages amount to R 950 000,00. Mr Barnes wants to
institute a claim against Joe Speedy. He approaches you for legal advice.

(a) Discuss whether Mr Barnes will use a provisional sentence summons or a
combined summons to institute his claim or action. (4)
(b) Discuss the pleading that will be annexed to the summons to support Mr Barnes’
claim or action. (4)

(c) Define the term “facta probanda”. (4)
(d) Draft that section of the pleading (referred to in 1 (b) above) that sets out Mr
Barnes’ facta probanda only. (10)
(e) It transpires that Mr Barnes’ pleading has not been signed by his legal
representative. Describe the procedure that can be used by Mr Joe Speedy’s legal
representative to address this oversight. (6)
[28]

2. Critically discuss how an inadequate pleading can be rectified. (4)
3. Discuss the use of vocational training in practice. (6)

4. Distinguish between a counterclaim and an interpleader claim by way of examples. (6)

5. Discuss how one can address the following mistakes in negotiation:
5.1 failing to plan a concession
5.2 no attention to detail
5.3 employing an inflexible approach to the case

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TLI4801 PORTFOLIO SEMESTER 2 – 2023 (705316)

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