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CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 September 2024
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Written for
University of South Africa (Unisa)
CIV3701 - Civil procedure (CIV3701)
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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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