100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 25 August 2024 $2.60   Add to cart

Exam (elaborations)

CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 25 August 2024

1 review
 24 views  1 purchase
  • Course
  • Institution
  • Book

Exam study book Civil Procedure of Steve Pete - ISBN: 9780190412241 (Guaranteed Success)

Preview 3 out of 24  pages

  • July 19, 2024
  • 24
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

1  review

review-writer-avatar

By: mariamanono54 • 2 months ago

I'm unhappy with this paper, it has calculations instead of the actual assignment of civil procedure.

avatar-seller
CIV3701 Assignment

1 (COMPLETE

ANSWERS)

Semester 2 2024 -

DUE 25 August 2024

,CIV3701 Assignment 1 (COMPLETE ANSWERS)

Semester 2 2024 - DUE 25 August 2024

QUESTION 1 X has a claim against Z in the amount of

R600 000 based on breach of contract which occurred in

Cape Town. X is an incola of Cape Town and Z is an incola

of Pretoria. With these facts in mind, answer the following

questions. Give full reasons for your answers. (a) Explain

why it will be inappropriate for X to use an ordinary

application to institute proceedings against Z. (2) (b) Explain

why X can institute proceedings against Z in the Cape Town

High Court. (2) (c) Would your answer to (b) above differ if Z

was a foreign peregrinus of the Republic? (4) (d) Would

your answer to (b) above differ if the claim related to the

registration of fixed property, and the property was situated

in Johannesburg? (2) [10]

Version 1

For assistance with assignments whatsapp +254702715801

, (a) Inappropriateness of Using an Ordinary Application

X should not use an ordinary application to institute

proceedings against Z because:

1. Nature of the Claim: The claim involves a substantial

monetary amount (R600 000) and is based on breach

of contract, which typically requires a detailed

examination of evidence, witness testimonies, and legal

arguments. An ordinary application is more suited for

matters that can be resolved on affidavit evidence and

do not require extensive fact-finding.

2. Dispute of Facts: In breach of contract cases, there is

often a dispute of facts that cannot be adequately

resolved through affidavit evidence alone. Ordinary

applications are generally used for straightforward

cases without substantial disputes of fact, whereas trial




For assistance with assignments whatsapp +254702715801

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller silvermade. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $2.60. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

79650 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$2.60  1x  sold
  • (1)
  Add to cart