TECHNIQUES IN TRIAL AND LITIGATION – TLI4801

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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, ori... ginal 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 2 TECHNIQUES IN TRIAL AND LITIGATION – TLI4801 | Portfolio Exam - 855792 1. (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 dam [Show More]

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