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  5. CIV3701 - Civil procedure (CIV3701)

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Summary CIV3701- Detailed Civil Procedure mindmap
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  • Course
  • CIV3701 - Civil procedure (CIV3701)
  • Institution
  • University Of South Africa (Unisa)
  • Book
  • Civil Procedure

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  • October 17, 2023
  • 35
  • 2023/2024
  • Summary

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  • civ3701 detail graphs and mindmap notes

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  • University of South Africa (Unisa)
  • CIV3701 - Civil procedure (CIV3701)
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Content preview

CI VI L PROCEDURE

STAGE ONE STAGE TWO STAGE THREE STAGE FOUR


BEFORE LI TI GATI ON LI TI GATI ON AFTER LI TI GATI ON ADDI TI ONAL PROCEDURES


PART 1 PART 2 PART 1 PART 2 PART 1 PART 2 Settlement

Preliminary Pre-litigation Applications Actions Appeals & reviews Debt collection Provisional Sentence
questions issues procedures
Interim relief pending
Cause of General Writs & judgement
Demand Pleadings Appeals
action principles warrants of
execution Arrest tanquam suspectus de
Calculation of On notice Pre-trial fuga
Locus standi Reviews
time limits applications procedures Section 65
procedure Multiple parties and actions
Jurisdiction Service of legal Ex parte Trial
docs applications
Administration Interdicts
orders
Action or Judgement,
application? interest & Drastic procedures
costs

Declarations of rights & stated
cases

Small Claims Court procedures

Other civil courts

, CAUSEOFACTION

Delictual Claim


Road Accident Fund Wife sues for bodily Wife = driver of car
injuries


Taxi driver Husband sues for
damages to his car
If one pays then the Husband (client) =
other is absolved owner of the car
Employer of taxi Husband sues for
driver damages to his car
(vicarious liability)


CRASH



Must distinguish between


The criminal consequences The civil consequences


Charge of reckless & Various civil actions as set
negligent driving out above



Contract


seller Agreed price for car Buyer
R20 000 (Student)

Student pays seller
R1000


Breach of contract: Student fails to
pay balance of R19 000

Option 1 Option 2




Sue for specific Cancel contract and claim
performance, i.e. to force Plus damages in either restitution, i.e. student to
student to pay case give back the car
outstanding balance

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