QUESTION 1 On the 20th January 2008 Justin is involved in a serious car accident resulting from negligent driving of a motor vehicle by Z. Justin also has a heart condition and high blood pressure. As a result of the accident, Justin suffers a stroke. He also sustains brain damage which leads to him suffering from bouts of depression. In a subsequent lawsuit instituted on behalf of Justin by his wife, Sue, it appears that he has already received certain amounts of money from other sources in order to redress the effects of his injuries. It is urged on behalf of Z, that such amounts should be taken into account in reducing the extent of the total amount claimed by Justins behalf. 1.1 Discuss the merits of this contention by considering relevant case law where the respective amounts are as follows: (i) R 350 000 received as indemnity insurance. [Total Q1. (i): 1 mark] (ii) R50 000 received from the liability insurer Z. [Total Q1. (ii): 1 mark] (iii) A gift of R 5 000 received from his employer. [Total Q1. (iii): 3 marks] (iv) R 60 000 which represents an amount of full pay for a two-month period, to which Justin is entitled as a sick-pay benefit in terms of his contract of employment with Schneider Electric [Total Q1. (iv): 1 mark] (v) R30 000 which represents an amount of full pay for one month which Schneider Electric has given Justin in addition to the two month sick pay benefit he is entitled to in terms of his contract. [Total Q1. (v): 1 mark]

(vi) The defendants are also concerned whether income tax must be taken into account when calculating Justins loss of income claim. Advise them [Total Q1. (vi): 1 mark] (vii) R20 000 received as solace money [Total Q1. (vii): 1 mark] (viii) R40 000 saved on living expenses while Justin was receiving treatment in hospital. [Total Q1. (viii): 1 mark] 1.2 Will Justin be successful in instituting a claim against Z on 11 March 2013? Discuss with reference to relevant case law. [Total Q1.2: 3 marks] 1.3 Can Z be the factual and legal cause of Justins stroke? Discuss with reference to relevant case law. [Total Q1.3: 5 marks] 1.4 If Justin commits suicide as a result of his depression, can this be considered a novus actus? Discuss with reference to relevant authority. [Total Q1.4: 5 marks] 1.3 Should Sue decide to sue for loss of support on her husbands death, will she be able to have a claim if she is remarried? [Total Q1.3: 7 marks] [TOTAL Q1: 30 MARKS]