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P.85 study guide

PERSUASIVE WRITING: HEADS OF ARGUMENT. P.85 study guide . CLASS EXERCISE 6. You are visited by your client, Mrs Mpho Tau. She relates the following to you:

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P.85 study guide

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  1. PERSUASIVE WRITING: HEADS OF ARGUMENT P.85 study guide

  2. CLASS EXERCISE 6 You are visited by your client, Mrs Mpho Tau. She relates the following to you: On 30 November 2010, she was driving her Toyota Tazz (Reg No: FFF222FS) on Nelson Mandela Avenue when a white Nissan bakkie (Reg No: SOS111GP) skipped the crossing robot and slammed into her vehicle. She was not injured but the damage to her car amounts to R2 600,00. She does not have insurance and the driver of the bakkie, Mr Ronald Mokoena, refuses to compensate her for her expenses. She wants to sue Mr Mokoena for the damages. Write a letter of demand to Mr Mokoena.

  3. NOTES ON LETTERS OF DEMAND... Establish liability...if it was merely an accident, no claim could be made! The claimant’s need for insurance? Reg. No: 14 days?

  4. PERSUASIVE WRITING: HEADS OF ARGUMENT P.85 study guide

  5. PREPARING FOR TRIAL Heads of argument = Argument FOR your client Contains SUMMARY of main points of counsel’s argument & authorities relied on Is NOT an thorough exposition of case… SKELETON argument for closing arguments! Summarizes evidence & requests particular order from court Final stage in trial preparation

  6. 1st opportunity to persuade judges of your case Structure law & facts so that conclusion in favour of your client is inevitable Form & structure of HOA’s depend on case SCA Rule 10(3)  appeals, some trials, etc. Importance of hoa’S

  7. Caterham Car Sales & Coach work Ltd v Birkin Cars (Pty) Ltd 1998 (3) SA 938 (SCA) NB! ...main heads of argument... ‘Main refers to the most important part of the argument. ‘Heads’ means ‘points’, not a dissertation. Lastly, ‘argument’ involves a process of reasoning which must be set out in the heads. A recital of the facts and quotations from authorities do not amount to argument.

  8. HEADER – HEADS OF ARGUMENT

  9. …charge…

  10. STRUCTURE: HEADS OF ARGUMENT THOUGH FIRAC-METHOD IS USED, DO NOT “FIRAC” THE HEADS! • Introduction (Background, charge, parties, etc.) • Facts (Undisputed / disputed, etc.)  Advance facts favourable to your client! • Identification of the issue • Legal analysis • Keep issues separate; answer each question • Answer question of law • Argue persuasively! (NOT objectively) • Conclusion • Bibliography

  11. END OF HEADS

  12. FORMAT (SCA): SCA RULE 10(3) • Argument: Clear, brief & without unnecessary elaboration • Points (paragraphs) should be numbered • No lengthy quotations from authorities • References to authorities  specific pages / paragraphs! • List of authorities to be included • If relied on subordinate legislation, a copy of such legislation shall accompany heads of argument (??)

  13. BE THOROUGH!! CANNOT ARGUE WIDER THAN CONTENTS OF HEADS OF ARGUMENT

  14. FORMAT OF HoA • EACH DIVISION  OWN FORMAT • SCA  OWN FORMAT (Rule 10(3)) • REFERENCING...  Practice – in text Remember, though there is not much difference in structure between an opinion and heads of argument, the latter is persuasive & argued from your client’s point of view!

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