1
TECHNIQUES IN TRIAL AND
LITIGATION – TLI4801
Portfolio Exam: 855792
Student Number
Page 1 of 20
,2 1
DECLARATION OF AUTHENTICITY
I, (Full name/s and surname)
Student number:
Declare that I am the author of this examination in TLI4801 I further declare that the
entire examination is my own, original work and that where I used other information and
resources, I did so in a responsible manner. I did not plagiarize in any way and I have
referenced and acknowledged any legal resources that I have consulted and used to
complete this examination. By signing this declaration I acknowledge that I am aware of
what plagiarism is, and the consequences thereof. Furthermore, I acknowledge that I
am aware of UNISA’s policy on plagiarism and understand that if there is evidence of
plagiarism within this document, UNISA may take the necessary action.
Date: 05/10/2018
(Provide an electronic signature or type or write your name or surname again)
QUESTION 1
TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Portfolio Exam - 855792
, 3 2
1.
(a) The Case pertains to the accident that occurred on the 2 nd April 2018
between Mrs. A Smith and Mr. J Soap. The accident occurred due to the
negligence of Mr. J Soap as he was travelling at high speed under the
circumstances alleges Mrs. Smith who was travelling with her husband and
two children and they all sustained personal injuries from the accident.
The personal injuries on Mrs. Smith and her family, led to a claim of damages
for personal injuries sustained in the accident. Damages refer to
compensation for all the injuries sustained in the accident, where the plaintiff
may claim such an amount from the Road accident fund.
(b) In civil matters the burden of proof or onus, rests with the Plaintiff/s to prove
his/her case on a balance of probabilities, usually the person who alleges,
must prove their case.
- Taking the facts of the case we are dealing with, Mrs. Smith and her
family will need to prove on a balance of probabilities that the damages
she sustained were due to the accident and must also prove that the
defendant was Negligent in order to succeed with her claim for damages.
- For example, Mrs. May not claim for injuries she sustained before the
accident.
- The Standard of proof on a balance of probabilities usually applies in
regard to proof of damage and the damages.
- The standard of proof means there needs to be material evidence that
outlines the causal link between the negligence and loss of the plaintiff in
a case of damages for instance.
- In De Klerk v ABSA Bank Ltd the Supreme Court of Appeal held that
factual causation requires the establishment, on a balance of probability,
TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Portfolio Exam - 855792
TECHNIQUES IN TRIAL AND
LITIGATION – TLI4801
Portfolio Exam: 855792
Student Number
Page 1 of 20
,2 1
DECLARATION OF AUTHENTICITY
I, (Full name/s and surname)
Student number:
Declare that I am the author of this examination in TLI4801 I further declare that the
entire examination is my own, original work and that where I used other information and
resources, I did so in a responsible manner. I did not plagiarize in any way and I have
referenced and acknowledged any legal resources that I have consulted and used to
complete this examination. By signing this declaration I acknowledge that I am aware of
what plagiarism is, and the consequences thereof. Furthermore, I acknowledge that I
am aware of UNISA’s policy on plagiarism and understand that if there is evidence of
plagiarism within this document, UNISA may take the necessary action.
Date: 05/10/2018
(Provide an electronic signature or type or write your name or surname again)
QUESTION 1
TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Portfolio Exam - 855792
, 3 2
1.
(a) The Case pertains to the accident that occurred on the 2 nd April 2018
between Mrs. A Smith and Mr. J Soap. The accident occurred due to the
negligence of Mr. J Soap as he was travelling at high speed under the
circumstances alleges Mrs. Smith who was travelling with her husband and
two children and they all sustained personal injuries from the accident.
The personal injuries on Mrs. Smith and her family, led to a claim of damages
for personal injuries sustained in the accident. Damages refer to
compensation for all the injuries sustained in the accident, where the plaintiff
may claim such an amount from the Road accident fund.
(b) In civil matters the burden of proof or onus, rests with the Plaintiff/s to prove
his/her case on a balance of probabilities, usually the person who alleges,
must prove their case.
- Taking the facts of the case we are dealing with, Mrs. Smith and her
family will need to prove on a balance of probabilities that the damages
she sustained were due to the accident and must also prove that the
defendant was Negligent in order to succeed with her claim for damages.
- For example, Mrs. May not claim for injuries she sustained before the
accident.
- The Standard of proof on a balance of probabilities usually applies in
regard to proof of damage and the damages.
- The standard of proof means there needs to be material evidence that
outlines the causal link between the negligence and loss of the plaintiff in
a case of damages for instance.
- In De Klerk v ABSA Bank Ltd the Supreme Court of Appeal held that
factual causation requires the establishment, on a balance of probability,
TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Portfolio Exam - 855792
