Feb 2020

Question 1

Give reasons why in certain circumstances conducting a business through a legal entity is preferable to doing so as a sole proprietor or partnership

Answer 1

A body corporate gifts continuity and sometimes protection against personal liability it may be beneficial to avoid sequestration and has a better organised regulatory structure and may have tax flexibility

Question 2

What types of companies can be incorporated under the new companies act

Answer 2

Profit company which can be either be a - state own company or a

• private company or a
• personal liability company or a
• public company and

non-profit company is incorporated for a public benefit

Question 3

Will the income earned by the husband while his wife remain at home to manage the household be included in the calculation of the accrual

Answer 3

Included

Question 4

Will the money earned by the wife by dressmaking for neighbours be included in the calculation of the accrue as between spouses

Answer 4

Included

Question 5

If the husband inherits money from his fathers estate will it be included in the calculation of the accrual

Answer 5

Excluded

Question 6

The wife received money for general damages arising from an accident will this be included in the calculation of the accrual

Answer 6

Excluded

Question 7

The road accident fund pays the wife money for medical expenses will this be included in the calculation of the accrual

Answer 7

Included

Question 8

Where will you go for a claim for damages for R9000

Answer 8

Small claims court

Question 9

where will you go for an order that a provision of hundred thousand rand is un constitutional

Answer 9

High Court

Question 10

Where will you go for a claim for reinstatement after unfair dismissal

Answer 10

CCMA

Question 11

Where will you go for an unfair calculation of pension benefits by a pension fund

Answer 11

The pension fund adjudicator

Question 12

Where will you go for the interrogation of an insolvent who hides assets

Answer 12

Master of the Hc who will appoint a magistrate

Question 13

Where will you go for the amendment or enforcement of a HC maintenance order

Answer 13

Maintenance court

Question 14

Where will you go for an excessive fee charged by an attorney in a criminal trial

Answer 14

The law society assessment panel

Question 15

Where will you go if trust money apparently stolen by an attorney

Answer 15

Attorney Fidelity Fund or Law Society

Question 16

Where will you go due to professional negligence of an attorney

Answer 16

Sue the attorney in the appropriate court . The attorney may approach the aiif and own indemnity insurers

Question 17

Before the start of a criminal trial in which you will represent the accused you discovered that the magistrate is the mother of the complainant how would you apply the applicable rules of conduct and what will you do if you are unsuccessful

Answer 17

The magistrate must recuse herself you must inform are in Chambers that you will apply for the recusal. If she declines you apply in open court if she still refuses you continue if the client is not acquitted no harm done if the client is convicted you have grounds for review

Question 18

You negligency allow a claim for damages to prescribe what is the effect of prescription what should you advise your client and what can you do in regard to your own position

Answer 18

• claim is extinguished and becomes unenforceable
• payments may be validly received but summons open to special plea
• advice client to seek independent advice
• don’t admit liability
• inform AIIF and insurers
• pay excess deductible
• dont inform LPC but respond to claims

Question 19

What are grounds that would entitle an attorney to withdraw and terminate clients mandate

Answer 19

• improper conduct on part of client
• clients deliberate fraud
• personality clashes with client
• attorney advice not accepted
• failure provide attorney funds enable to continue relationship
• failure give instructions
• illness of attorney