lOMoARcPSD|37664106
TLI4801 ASSIGNMENT 1 & 2 SEMESTER 1
2024
Techniques in trial and litigation (University of South Africa)
**Assignment 01 – Semester 1**
**Question 1**
Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a) – (d)) must not exceed 15 pages. Note: You may make up your own facts to
supplement the given facts without detracting from the core issues.
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)
(b) Discuss the type of summons Mrs M will use to institute her claim or action. (4)
(c) Discuss the term “facta probanda” and draft that section of the pleading (referred to in (b)
above) that sets out Mrs M’s “facta probanda” only. (10)
(d) Explain the different categories of legal practitioners in practice and indicate as part of your
answer, the rules of the profession in terms of the Legal Practice Act, 2014 that you will be
required to comply with before you can be able to assist Mrs. M directly without an attorney. (6)
TLI4801 ASSIGNMENT 1 & 2 SEMESTER 1
2024
Techniques in trial and litigation (University of South Africa)
**Assignment 01 – Semester 1**
**Question 1**
Answer the following questions using proper references. Your entire assignment answer
(questions 1 (a) – (d)) must not exceed 15 pages. Note: You may make up your own facts to
supplement the given facts without detracting from the core issues.
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)
(b) Discuss the type of summons Mrs M will use to institute her claim or action. (4)
(c) Discuss the term “facta probanda” and draft that section of the pleading (referred to in (b)
above) that sets out Mrs M’s “facta probanda” only. (10)
(d) Explain the different categories of legal practitioners in practice and indicate as part of your
answer, the rules of the profession in terms of the Legal Practice Act, 2014 that you will be
required to comply with before you can be able to assist Mrs. M directly without an attorney. (6)
