Mr M, an architect, was driving in his Suzuki Jimny on the N1 highway between Pretoria...
Fantastic news! We've Found the answer you've been seeking!
Question:
Transcribed Image Text:
Mr M, an architect, was driving in his Suzuki Jimny on the N1 highway between Pretoria and Johannesburg on 1 September 2019. He was adhering to the speed limit and noticed in his rear mirror that a Mercedes was approaching him from behind. The Mercedes overtook him, but suddenly swerved into the lane where Mr M was driving. Mr M tried to avoid the Mercedes hitting his car, swerved to the right and struck the steel crash barrier in the middle of the highway. Mr M sustained a broken nose and disfigurement of his face, as well as brain injuries that effect his physical abilities and psychological functioning to such an extent that he can no longer practise as an architect. At the time of the accident, Mr M was self-employed and earned R60 000 per month. As a result of the accident, Mr M was unable to work and was hospitalised for 2 months. According to the neurosurgeon and plastic surgeon, Mr M still needs extensive surgery. Mr M was self- conscious about his appearance and depressed. His personal appearance is important in his line of work. Mr M consults with you, an attorney who specialises in RAF claims, to act on his behalf. 3.1 3.3 Advise Mr M on the damages that he will be entitled to claim form the RAF as well as the documentary evidence that he must provide in order to succeed with his claims. (10) 3.2 Since Mr M is self-employed as an architect, indicate how the court will assess his claim for loss of past income and earnings. (10) Explain in detail to Mr M whether he may claim compensation for loss of future income and earning capacity. In your answer you must clearly distinguish between these two concepts. (10) Use the same set of facts, but assume that a year after summons was issued and served on the RAF, Mr M dies. The post mortem confirms that the head injuries Mr M sustained during the accident caused his death. Mr M leaves behind a wife and two sons. Mr M was also the breadwinner of the household. Advise Mrs M on the nature of the assessment of further claims she may institute against the RAF. Refer to relevant case law in your answer. 3.4 (10) Mr M, an architect, was driving in his Suzuki Jimny on the N1 highway between Pretoria and Johannesburg on 1 September 2019. He was adhering to the speed limit and noticed in his rear mirror that a Mercedes was approaching him from behind. The Mercedes overtook him, but suddenly swerved into the lane where Mr M was driving. Mr M tried to avoid the Mercedes hitting his car, swerved to the right and struck the steel crash barrier in the middle of the highway. Mr M sustained a broken nose and disfigurement of his face, as well as brain injuries that effect his physical abilities and psychological functioning to such an extent that he can no longer practise as an architect. At the time of the accident, Mr M was self-employed and earned R60 000 per month. As a result of the accident, Mr M was unable to work and was hospitalised for 2 months. According to the neurosurgeon and plastic surgeon, Mr M still needs extensive surgery. Mr M was self- conscious about his appearance and depressed. His personal appearance is important in his line of work. Mr M consults with you, an attorney who specialises in RAF claims, to act on his behalf. 3.1 3.3 Advise Mr M on the damages that he will be entitled to claim form the RAF as well as the documentary evidence that he must provide in order to succeed with his claims. (10) 3.2 Since Mr M is self-employed as an architect, indicate how the court will assess his claim for loss of past income and earnings. (10) Explain in detail to Mr M whether he may claim compensation for loss of future income and earning capacity. In your answer you must clearly distinguish between these two concepts. (10) Use the same set of facts, but assume that a year after summons was issued and served on the RAF, Mr M dies. The post mortem confirms that the head injuries Mr M sustained during the accident caused his death. Mr M leaves behind a wife and two sons. Mr M was also the breadwinner of the household. Advise Mrs M on the nature of the assessment of further claims she may institute against the RAF. Refer to relevant case law in your answer. 3.4 (10)
Expert Answer:
Answer rating: 100% (QA)
Answer 31 Damages Mr M can Claim from the RAF and Documentary Evidence Required Mr M can claim various damages from the Road Accident Fund RAF including General damages for pain and suffering due to p... View the full answer
Related Book For
Fraud examination
ISBN: 978-0538470841
4th edition
Authors: Steve Albrecht, Chad Albrecht, Conan Albrecht, Mark zimbelma
Posted Date:
Students also viewed these law questions
-
The Crazy Eddie fraud may appear smaller and gentler than the massive billion-dollar frauds exposed in recent times, such as Bernie Madoffs Ponzi scheme, frauds in the subprime mortgage market, the...
-
Read the article below and answer the questions posed, the compose response should be two to three pages in length. 1. What are 2 major planning failures pre-event at Memorial that led to it becoming...
-
The US Womens Swimming Team won the 1500 m relay at the 2016 Olympic Games. Here are the completion times, in seconds, for all eight teams that competed in the finals: a. Calculate the sample...
-
CNN reports on a Zagat Survey of America's Top Restaurants that found that "only nine restaurants achieved a rare 29 out of a possible 30 rating and none of those restaurants are in the Big Apple."...
-
On January 31, 2019, the general ledger of Palmer Company showed the following account balances. Prepare the worksheet through the Adjusted Trial Balance section. Assume that every account has the...
-
You are asked to estimate the amount of heat that can be stored overnight in a solarheated building, which has a storage space of \(6 \mathrm{~m}^{3}\). The solar system uses water with antifreeze in...
-
A road construction project would increase the road capacity around the outside roads from International Drive to Disney World by 200 cars per hour (Problem 11-19). The two paths affected would be...
-
A company began January with 6,000 units of its principal product. The cost of each unit is $6. Inventory transactions for the month of January are as follows: Date of Purchase Units Purchases Unit...
-
GO S-Shaped (GO-S): a(1-(1+b)et) where a>0, b>0 Goel-Okumoto (GO): a(1-et) where a>0, b>0 Determine the curve fit for two models of three data files Plot the two fits for each file and print out a...
-
Consider the Joie de Vivre hotel concept described. Think of themes stimulated by magazines or movies and discuss how you would design a hotel around each concept. For each theme, choose five words...
-
What is meant by the term LIFO, when used in deciding on the cost price of goods issued to production?
-
Historically, middle-class Asian travelers seeking unique excursions within their own regions have found it difficult to connect with small to mid-size tour operators that lack the marketing budgets...
-
Itai was founded as a family business in 1945 as Banco Central de Crdito S.A. In 2008, Itai merged with Unibanco (founded in 1924, also as a family business) with the goal to be the leading bank in...
-
Perform a loyalty analysis of the automobile industry and the snack food industry. Rate key firms on attitudinal and behavioral loyalty. Take one firm in each industry and offer one suggestion for...
-
i can do testing i can do testing i can do testing i can do testing i can do testing i can do testing i can do testing i can do testing
-
Differentiate the following terms/concepts: a. Personality types and money attitudes b. Planners and avoiders c. Moderating and adapting to biases d. "Perfectible judges" and "incorrigible judges"
-
Convert 52 nm to sm.
-
A helicopter has a rotor diameter of 30 ft and it is being operated in a hover at 286.5 rpm. Find the tip speed Vt of the rotor.
-
The airplane in Problem 6 starts from a brakeslocked position on the runway. The airplane takes off at an airspeed of 200 fps. Find the time for the aircraft to reach takeoff speed.
Study smarter with the SolutionInn App