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CIV3701 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 25 August 2024
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CIV3701 Assignment1 (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
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, (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
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