Sparks Dlamini Case Study - Law Assignment Help

Assignment Task :

Question One:

Sparks Dlamini purchased a Range Rover last week for R630 500 (VAT incl). While driving from the Point area along OR Tambo Road in Durban, he collides with Skhathele Vava, who is the owner-driver of a BMW 335i. Dlamini is 20% negligent, whereas Vava is 35% negligent. The damage to the Range Rover is estimated at R152 000.00. It is uneconomical 26 SCL1501/101/3/2020 

27 to repair the BMW, but its salvage value is R105 000.00. The pre-accident value of the BMW was R389 000.00. 

With reference to the damages to Dlamini and Vava’s motor vehicles, calculate who must pay whom, and what would be the amount in damages.

Question Two:

Sparks Dlamini approaches Vava of Arvina-Jima Attorneys, an attorney at law practising in the Polokwane-Seshego area, to assist him with his claim for damages resulting from his dispute with Zama Ngwenya. The agreed remuneration is as follows: 

Every letter written R75 Every letter received R45 Drafting of summons R967 

Drafting of an affidavit R77 per page or any part thereof Telephonic consultations R128 per 10 minutes or any part thereof Consultation R888 per 30 minutes or any part thereof 

Stamps R5,75 Vat excl 

VAT must be calculated at 15% 

During the past month the attorney rendered the following services: 

Received 11 letters 

Wrote and posted 9 letters 

Drafted four affidavits: 1 consisting of 1½ pages, 1 consisting of 2½ pages and 2 consisting of 4½ pages each 24 SCL1501/101/3/2020 Consulted thrice telephonically: first for 23 minutes, second for 11½ and later for 36 minutes Consultation twice: first for 33 minutes and later for 2½ hours 

Instructed another legal practitioner (an advocate) to draft a pleading. The advocate charged R1505, 00 VAT excl 

You referred the client to Fetakgomo Medi-Clinic near Lebowakgomo Centre to consult an orthopaedic surgeon at a cost of R4236, 50 VAT excl. 

Draft Vava of Arvina-Jima Attorneys’ comprehensive statement of account to Dlamini.

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