Law Answers

B and C are involved in a motor vehicle collision in Durban. B suffers damages to his vehicle in the amount of R100 000, as well as damages due to bodily injury in the amount of R300 000. C resides in Benoni, whilst B resides in Cape Town. B issues summons against C. Answer the following questions.  

(c) Shortly after C delivers his plea on the merits, B requests C in terms of magistrates’ courts rule 

23 to make discovery of all documents and tape recordings in C’s possession. Explain fully why 

C may not do so at this stage.      (2) 

(d) C successfully defends the case brought by B, and is awarded party-and-party costs. The attorney-and-client costs between B and his attorney amount to R12 000. The taxed party- andparty costs amount to R15 000. You are B’s attorney. Fully explain to B whether he is liable for 

either, or both, these amounts.  

X has a claim against Z in the amount of R600 000 based on breach of contract which occurred in Cape Town. X is an incola of Cape Town and Z is an incola of Pretoria. With these facts in mind, answer the following questions. Give full reasons for your answers.  

(a) Explain why it will be inappropriate for X to use an ordinary application to institute proceedings against Z.           (2) 

(b) Explain why X can institute proceedings against Z in the Cape Town High Court.       (2) 

(c) Would your answer to (b) above differ if Z was a foreign peregrinus of the Republic?      (4) 

(d) Would your answer to (b) above differ if the claim related to the registration of fixed property, and 

the property was situated in Johannesburg?       (2) 

At the age of 14, the complainant is raped by two young men. At the time of the rape she does not report the matter to her parents or lay charges, but briefly tells a friend about the incident. Nineteen years later she meets one of her assailants, which revives memories of her ordeal and prompts her to lay charges against the men who had raped her. Fully discuss, with reference to decided cases, the admissibility of the following pieces of evidence: 

4 If the complainant does not testify, the statement to her friend becomes hearsay evidence. Briefly mention the main exceptions to the general rule that hearsay is inadmissible

At the age of 14, the complainant is raped by two young men. At the time of the rape she does not report the matter to her parents or lay charges, but briefly tells a friend about the incident. Nineteen years later she meets one of her assailants, which revives memories of her ordeal and prompts her to lay charges against the men who had raped her. Fully discuss, with reference to decided cases, the admissibility of the following pieces of evidence: 

3 Evidence by a third person who testifies that both accused had told him that they had had sexual intercourse with the victim on the night in question. (In your answer state whether these statements are admissions or confessions, and explain the requirements for the admissibility of admissions.)  

At the age of 14, the complainant is raped by two young men. At the time of the rape she does not report the matter to her parents or lay charges, but briefly tells a friend about the incident. Nineteen years later she meets one of her assailants, which revives memories of her ordeal and prompts her to lay charges against the men who had raped her. Fully discuss, with reference to decided cases, the admissibility of the following pieces of evidence: 

2 Evidence by an expert witness who testifies about the state of mind of rape victims shortly after a rape takes place. 

As Covid 19 created havoc in the world’s economy, it also restricts people’ movement that created a headache for most “Multi National Corporation” as some of their overseas employees stranded within Australia for much longer than their intended stay.

Please review below article and analyse what causing this particular issues and how MNC/accounting firms try to handle the situation

https://home.kpmg/xx/en/home/insights/2020/12/flash-alert-2020-487.html

In your answer, you should discuss about the 4 residency tests as well

An omission to act is only punishable if there is a legal duty upon a person to act positively,list the instances in which a person has a legal duty to act positively

Chairs Furniture displayed in their store window a blender with the price attached to it. Jerry went shopping at the store and saw the blender. He later when to the cashier and indicated to her that he accept the store’s offer and proceeded to give her the price for the blender.

The cashier is stunned and refused to take his money. Jerry was very upset of the situation and advised the cashier that he will be taking legal action against Chairs Furniture.

Advised Chairs Furniture.

List the instances in which a person has a legal duty to act positively

discuss briefly ethnophilosophy referring to relevant sub-branches, problems/concerns and figures