P.85 study guide

PERSUASIVE WRITING:HEADS OF ARGUMENT

CLASS EXERCISE 6You 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.

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?

P.85 study guide

PERSUASIVE WRITING:HEADS OF ARGUMENT

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 courtFinal stage in trial preparation

Importance of hoa’S

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.

Caterham Car Sales & Coach work Ltd v Birkin Cars (Pty) Ltd 1998 (3) SA 938 (SCA)

...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.

NB!

HEADER – HEADS OF ARGUMENT

…charge…

STRUCTURE: HEADS OF ARGUMENT

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)

ConclusionBibliography

THOUGH FIRAC-METHOD IS USED, DO NOT “FIRAC” THE HEADS!

END OF HEADS

FORMAT (SCA):SCA RULE 10(3)

1. Argument: Clear, brief & without unnecessary elaboration

2. Points (paragraphs) should be numbered

3. No lengthy quotations from authorities

4. References to authorities specific pages / paragraphs!

5. List of authorities to be included

6. If relied on subordinate legislation, a copy of such legislation shall accompany heads of argument (??)

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

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!