TLI4801 - Techniques In Trial And Litigation (TLI4801 ECP PORTFOLIO)

(a) The Case pertains to the accident that occurred on the 2nd 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,

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TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Portfolio Exam - 855792

of a causal link between the negligence and the loss, while quantification,

where it depended on future uncertain events, is decided not on a balance

of probability, but on the court’s assessment of the chances of the risk

eventuating.

(c) THE CAUSE OF ACTION IN MRS. SMITH’S CASE ARE AS FOLLOWS:

- On the 2nd of April 2018 Mrs. Smith was driving with her family and when

at an intersection at Main Street and Long Street, a Honda with

registration TN565GP driven by Mrs. Smith collided with a car driven at

high speed by Mr. J Soap.

- The collision between the two vehicles resulted in Mrs. Smith and her

family sustaining personal injuries and her car also being damages due to

the accident.

- He failed to obey the rules of the road by driving at an excessive speed.

- The accident was caused by the negligence of Mr. J Soap, who was

speeding and failed to keep a look out and failed to avoid the collision due

to his speeding.

- Therefore, Mrs. Smith’s cause of action will be for the claim of damages

for personal injuries, general damages sustained due to the accident and

also for special damages for expenses that may have occurred due to the

accident.

- There is also a claim for damaged property, which is Mrs. Smith’s car,