TLI4801 PORTFOLIO SEMESTER 2 - 2023 (705316)
Due date for examination: 16 October 2023
Unique number: 705316
Submission period: 12 October October 2023
1. On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a local
bicycle club, “Easy Riders”, is riding on a pu...
1. On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a local
bicycle club, “Easy Riders”, is riding on a public road in Lynnwood, Pretoria.
Suddenly he is struck from behind by a speeding taxi with registration number
BN264GP driven by Joe Speedy. The accident occurs on Lynnwood Road, Pretoria.
Mr Barnes is injured as a result of the accident and his bicycle is damaged. Mr
Barnes sustains the following injuries: a broken right leg, a broken pelvis, a deep
cut below his right eye resulting in permanent facial scarring, bruises and abrasions
to the right-hand side of his body. His doctors advise him that he will not be able to
resume cycling as a sport as a result of his injuries. His injuries and damages
amount to R 950 000,00. Mr Barnes wants to institute a claim against Joe Speedy.
He approaches you for legal advice.
Answer the following questions, using proper references. Note: In your answers,
you are required to make up facts to supplement the given facts of the case in so
far as your own rendition does not detract from the core issues.
(a) Discuss whether Mr Barnes will use a provisional sentence summons or a
combined summons to institute his claim or action. (4)
A provisional sentence summons is used where the claim is liquid such as a cheque. A liquid
document is evidence of an established monetary debt, as the claim that arises also falls
within the definition of a “debt” or liquidated demand. A provisional sentence summons will
not be applicable here, as the claim is unliquidated
A combined summons is used where the claim is unliquidated, such as, an action for
damages or personal injuries, which needs to be proved by evidence.
Application to facts: This is an action for personal injuries sustained as a result of collision
with a taxi, and damages to a bicycle.
Therefore, Mr Barnes will use a Combined Summons as the action involves an unliquidated
claim for damages and personal injuries, and the quantum has to be proved or determined.
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Marnewick CG Litigation Skills for South African Lawyers 4th edition (2019) chapters 5 - 6
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