QUESTION $5$

$($a$)$ Peter purchased a Mercedes Benz ML$350$ last week for R$750900($VAT incl$).$ While

driving from Bendor Park in Polokwane he collides with Ken of Regime Removals,

who is the owner$-$driver of a Porsche Cayenne. Peter is $25\%$ negligent, whereas Ken

is $43\%$ negligent. The damage to the Porsche is estimated at R$120000\mathrm{.}00.$ It is

uneconomical to repair the Mercedes Benz, but its salvage value is R$205000\mathrm{.}00.$ The

pre$-$accident value of the Mercedes Benz was R$699000\mathrm{.}00.$

With reference to the damages to Peter and Ken's motor vehicles, calculate who must

pay whom, and what would be the amount in damages. $(3)$

$($b$)$ Martha approaches Maria Swanepoel of Swanepoel Inc., an attorney at law

practicing in the Pretoria East area to assist her with her claim for damages resulting

from her dispute with Joseph. The agreed remuneration is as follows:

Every letter written R $85$

Every letter received R $50$

Drafting of summons R$1200$

Drafting of an affidavit R$55$ per page or any part thereof

Telephonic consultations R$150$ per $10$ minutes or any part thereof

Consultation R$1000$ per $30$ minutes or any part thereof

Stamps R$4,80$ Vat excl

During the past month the attorney rendered the following services:

Received $8$ letters

Wrote and posted $15$ letters

Drafted four affidavits: $1$ consisting of $3(1)/(2)$ pages, $1$ consisting of $4(1)/(2)$ pages and $2$

consisting of $4(1)/(2)$ pages each

Consulted thrice telephonically: first for $27$ minutes, second for $12(1)/(2)$ minutes and later

for $35$ minutes

Consultation twice: first for $31$ minutes and later for $1(1)/(2)$ hours

Instructed an advocate to draft a pleading. The Advocate charged R$850$ VAT excl

You referred the client to Kloof Medi$-$Clinic to consult an orthopedic surgeon at a cost

of R$3250$ VAT excl.

Vat @$15\%$

Draft Maria Swanepoel's comprehensive statement of account to Martha. $(10)$