Question
Carefully read through the set of facts below and then answer the question that follows [The question is based on South African Law of Damages
Carefully read through the set of facts below and then answer the question that follows [The question is based on South African Law of Damages [LDA500]]:
On 14 September 2023, Mrs Smith went to the ABC shopping mall close to her home to buy groceries at the local grocery store. On the day in question there was a heavy storm, accompanied by rain and hail. The shopping mall has an open-roofed atrium and therefore there was rain inside the shopping mall as well. The tiles inside the shopping mall became very wet and slippery because of the rainy weather. Although Mrs Smith was wearing rubber-soled shoes and very carefully made her way to the grocery store, she slipped on the floor and fell. The fall resulted in a broken elbow and Mrs Smith had to be taken to hospital by ambulance.
Mrs Smith's arm was X-rayed, then put in a cast and she had to spend one night in the hospital. The doctor advised her not to use her arm for six (6) weeks. This meant that Mrs Smith, who was a typist at a law firm, could not work for six weeks. As the firm has a no-work, no-pay policy, Mrs Smith did not earn an income for six weeks. She would also need physiotherapy for three (3) months afterwards to help her regain full use of her arm again. Mrs Smith would like to claim damages from the management of the shopping mall, DEF Enterprises.
Draft pleadings (particulars of claim) for all the claims to be instituted by Mrs Smith against the management of the shopping mall,using the set of facts above. Do not include reports explaining the quantifying of the claims. It is essential to include realistic fictional amounts and addressesto complete the pleadings. You may not change the essential elements in the set of facts, however you may be creative when it comes to the personal details of the parties. (25 Marks).
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