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CIV3701 Assignment 2 Semester 2 2024 - DUE 26 September 2024 $2.69
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CIV3701 Assignment 2 Semester 2 2024 - DUE 26 September 2024

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CIV3701 Assignment 2 Semester 2 2024 - DUE 26 September 2024 QUESTIONS WITH DETAILED ANSWERS

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  • September 4, 2024
  • 17
  • 2024/2025
  • Exam (elaborations)
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CIV3701 Assignment 2
Semester 2 2024 - DUE 26
September 2024
QUESTIONS AND ANSWERS

,CIV3701 Assignment 2 Semester 2 2024 - DUE 26 September 2024



Question 1

Indicate the most accurate statement:

a. When a claim for damages is instituted, the plaintiff must prove the guilt
of the defendant.

b. The Uniform Rules of Court are a common set of rules that uniformly
regulate the conduct of the proceedings in the magistrates courts.

c. Since the rules exist for the courts, a High Court may condone a litigant's
non-compliance with the rules.

d. The Minister of Justice and the Rules Board may make rules relating to
the manner in which the Constitutional Court may be engaged. Clear my
choice

Question 2

Indicate the most accurate statement. During the trial it becomes clear that
X concealed certain documents which were prejudicial to his case and lied
about their existence. At the end of the trial Y s advocate argues that in
these circumstances it would be appropriate for the court to make the
following costs order:

a. de bonis propriis against X.

b. party-and-party costs against X.

c. attorney-and-client costs against X.

d. that costs should be costs in the cause.

, Question 3

Indicate the most accurate statement:

a. Although the general rule is that evidence must be given viva voce and
in open court, the court may, for sufficient reasons, order that evidence be
given on affidavit.

b. A notice of intention to defend is the first of the pleadings that are
exchanged between litigating parties.

c. Passengers of a minibus suffer damage in that their personal
possessions are either damaged or destroyed in a collision. Because
actions for damages tend to be of a protracted nature and most passengers
involved suffer financial hardship while the action drags on, the passengers
may, in terms of Uniform Rule 34A apply to court for interim payment.

d. If a plaintiff issues two summonses against the same defendant on the
same cause of action in two different courts, the defendant may approach
the court to have the more recent summons struck out on the ground that
such summons is vexatious.

Question 4

Indicate the most accurate statement. A submission to the jurisdiction of a
High Court occurs when:

a. both parties to the action are foreign peregrini and the cause of action
has occurred outside the court's area of jurisdiction.

b. both parties to the action are incolae of the court concerned.

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