StudyNotesWiki

hey guys,

I know its kinds late but does anyone have the Jaga v Donges and Commercial Union cases. I can find them ANYWHERE - i want to read the cases.

Best of luck with this assignment

Nix

Hi Nix, send me an e-mail on katescharges@gmail.com and I will scan it in and send it to you!

I don't have the whole case but I do have what's relevant for assignments. Hope it will help.
Jaga v Donge (The Minority Judgement)

In the minority decision of Jaga v Donges 1950 (4) SA 653 (A) Judge Schreine identified the following guidelines for interpretation of statutes:

• Right from the outset, the interpreter may take the wider context of provisions (eg. its ambit and purpose) into consideration with the legislative text in question.
• Irrespective of how clear or unambiguous the grammatical meaning of he legislative text may seem to be, the relevant contextual factors (e.g. The practical effects of different interpretations, as well as the background of the provision) must be taken into account.
• Sometimes this wider context may even be more important than the legislative text.
• Once the meaning of the text and context (language-in-context) is determined, it must be applied, irrespective of whether the interpreter is of the opinion that the legislature intended something else.

Commercial Union Assurance Co v Clarke 1972 (3) SA 508 (A)

In this case the insurance company denied that it was liable to pay compensation to an injured road user because the road user failed to follow the correct procedure when his claim was instituted. The insurance company used a technical point to try and escape liability. It argued that the statutory mail requirement was peremptory. The court rejected the companies argument and held that the provision was directory. The court held that each case must be dealt with in the light of its own language, scope and object and the consequences in relation to justice and convenience of adopting one view rather than the other

For curiosity sake..do you think we will be penalised where we extracted information verbatim from the guide and the textbook? I felt the question put us in that direction....

I really hope not. As I also went in that direction. There wasn't much else we could do.

I hope so too, try to change what I could where I could, but it just seemed that they wanted the info as it is, rather than in our opinion...I did put in a bibliography though...if it will help...

Anyone get their marks back for this assignment yet ?

Nope - still waiting:(!

Anne Marie

I am still waiting on mine. A friend of mine got his back though, so I sent an email to unisa to en query as to why mine is not out.
I am awaiting feedback from them. Just out of curiosity when did you submit yours ?

I submitted mine on the 20th September, together with my ADL2601 assignment.
I haven't received any marks back for the ADL 2nd assignment either, although I know of some guys who have received results.
When did you submit yours?

Anne Marie

Submitted mine on the 19 th of September. Glad to know I'm not alone haha.

Got mine back 70%.

Hey guys,

Is anyone else still waiting for assignment 2 marks?

The exam is so close and I still haven't received mine