QUESTION THREE $[10]$

The Competition Commission is established in terms of the Competition Act, No$.89$ of $1998.$ Explain

the functions of the Competition Board.

QUESTIONS $413$ IS BASED ON THE SCENARIO BELOW: $[30]$

Bernard, who was driving at a high speed, failed to break in time and drove into the back of Lindy$$s

vehicle which was stationary at a STOP sign. Consequently, Lindy$$s bumper is badly damaged.

Lindy$$s panel beater values the damages to her vehicle at R $25000\mathrm{.}00,$ so Lindy decides to sue

Bernard for the damages.

Read the scenario above and choose the most appropriate answer for each of the questions below.

$4.$ What is the first step in the legal process, that Lindy must take to sue Bernard?

$(3)$

A$.$ Lindy should phone Bernard and threaten him to pay for the damages.

B$.$ Lindy should have her attorney send a Letter of Demand.

C$.$ Lindy should file a counterclaim.

D$.$ Bernard should file a plea.

$5.$ Should Bernard fail to comply with the step referred to in $1\mathrm{.}1$ above, what step should Lindy

take next?

$(3)$

A$.$ Lindy should have her attorneys serve Summons on Bernard.

B$.$ Lindy should have her attorney send a Letter of Demand.

C$.$ Lindy should phone Bernard and threaten him.

D$.$ Lindy should have the sheriff serve Summons on Bernard.

$6.$ Should Bernard feel that he is not responsible for the damage caused to Lindy$$s vehicle, what

should he do$?$

$(3)$

A$.$ Bernard should serve a Letter of Demand.

B$.$ Bernard should serve Summons.

C$.$ Bernard should lodge a Notice of Intention to Defend.

D$.$ Bernard should request for Further Particulars.

$7.$ Lindy is of the opinion that Bernard lodged the above document $($referred to in $1\mathrm{.}3)$ in an

effort to waste time. What may Lindy do$?$

$(3)$

A$.$ Lindy may take judgement against Bernard.

B$.$ Lindy$$s attorney must call Bernard.

C$.$ Lindy may file a Summons.

D$.$ Lindy should serve a Notice of Intention to Defend.

$8.$ Bernard requests more information about the case Lindy is instituting. How will he derive

more information?

$(3)$

A$.$ Bernard must hire a detective.

B$.$ Bernard must file a plea

C$.$ Bernard must phone Lindy$$s attorney and ask him for information.

D$.$ Bernard must request further particulars.

$9.$ Assume Lindy$$s attorney responds to Bernard in the appropriate manner.

Bernard feels that he is not responsible for the accident because, in his defense, Lindy was on

her mobile phone at the time of the accident. What legal document should Bernard file to pursue

his defense?

$(3)$

A$.$ Bernard should file a Plea.

B$.$ Bernard should file a Notice.

C$.$ Bernard should phone Lindy$$s attorney and tell him.

D$.$ Bernard should file a counterclaim.

$10.$ Moreover, Bernard is of the opinion that Lindy should be responsible for the damage suffered

to his vehicle. What legal document should he file to support this opinion?

$(3)$

A$.$ Notice

B$.$ Plea

C$.$ Summons

D$.$ Counterclaim

$11.$ Bernard$$s attorney wishes to see a written quote by Lindy$$s panel beater. Which document

should Bernard$$s attorney send to Lindy$$s attorney requesting the quote?

$(3)$

A$.$ Request for further particulars

B$.$ Letter of demand

C$.$ Notice to disclose the relevant information

D$.$ Panel beater quote.

$12.$ An application for a trial date is filed and the parties are to appear in court on the $18$th of

November $2022.$ The date of the trial entered into the court$$s calendar is referred to as:

$(3)$

A$.$ Judgement day

B$.$ Court hearing

C$.$ Set Down

D$.$ Hearing date.

$13.$ Assume that the Trial has taken place; the matter was heard by a Magistrate and an Order

was made. The Magistrate declared that Bernard was at fault and ordered that he pay Lindy

the damages. Bernard is not happy with the outcome of the trial and wants it reconsidered.

What legal step should Bernard take? $(3)$

A$.$ Ignore the Magistrate$$s order.

B$.$ Restart the legal process.

C$.$ Lodge an Appeal.

D$.$ Threaten the Magistrate.