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TLI4801 OCTOBER NOVEMBER PORTFOLIO Semester 2 2024 - DUE 22 October 2024
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TLI4801 OCTOBER NOVEMBER PORTFOLIO Semester 2 2024 - DUE 22 October 2024 QUESTIONS WITH COMPLETE ANSWERS
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,TLI4801 OCTOBER NOVEMBER PORTFOLIO Semester 2 2024 - DUE 22 October 2024QUESTION 1: CIVIL PRACTICE [50]
Question 1.1 Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that
manufactures furniture. On 20 April 2024 she purchased raw material from Olive Woods
Furniture (“Olive Woods”), a furniture material factory in Pretoria, for an amount of R180
000,00. The material was delivered by Olive Woods and a copy of the invoice was handed to Ms.
Lesedi, who then neglected to pay for the material within the 30-day period provided for in terms
of the invoice. Despite repeated requests by Olive Woods, Ms. Lesedi did not settle the amount.
Olive Woods wants to sue Ms. Lesedi for the outstanding amount. The owner of Olive Woods
approaches you for legal advice regarding the proceedings to be instituted against Ms. Lesedi. (1)
THE ANSWERS IN THIS QUESTION PAPER ARE TO BE OBTAINED FROM YOUR
PRESCRIBED STUDY MATERIAL, namely, the prescribed textbook, CG Marnewick
Litigation Skills for South African Lawyers, 4th edition, (2019 LexisNexis), additional resources
material and tutorial letter 201. You may consult other sources provided that they are properly
referenced. (3) YOU ARE REQUIRED TO EXHIBIT YOUR OWN INITIATIVE WHEN
ANSWERING QUESTIONS, IN ORDER TO SHOW THAT YOU UNDERSTAND THE
CONTENT. IN OTHER WORDS, YOU MUST, AS FAR AS POSSIBLE, USE YOUR OWN
WORDS WHEN WRITING YOUR ANSWERS. THE WORD-FOR-WORD
REGURGITATION OF ANSWERS FROM THE STUDY MATERIAL WILL NOT BE
REWARDED WITH FULL MARKS. (4) THE ANSWERS MUST BE WRITTEN OR TYPED.
YOUR COMPLETED ANSWERS MUST THEN BE CONVERTED INTO PDF FORMAT
, AND SUBMITTED ONLINE IN THE SAME MANNER THAT YOU SUBMIT ALL OTHER
ASSIGNMENTS ONLINE. TLI4801/202/2/2024 6 Answer the following questions, using
proper references. Note: In your answers, you are required to make up facts/create facts to
supplement the given facts of the case as long as your own rendition does not detract from the
core issues.
a) Discuss the type of summons that Olive Woods will use to recover the outstanding amount (4)
(b) Draft the summons chosen in (a) above. (10)
(c) The owner of Olive Woods requests your advice regarding a suitable ADR (alternative
dispute resolution) mechanism to resolve the dispute with Ms. Lesedi expeditiously. Advise the
owner of Olive Woods appropriately. (10)
(a) Discuss the type of summons that Olive Woods will use to recover the outstanding
amount (4)
In this case, Olive Woods is seeking to recover a liquidated amount of R180,000 owed by Ms.
Bright Lesedi for furniture material. A simple summons would be the most appropriate
summons to initiate proceedings in this situation.
A simple summons is used where the plaintiff's claim is for a debt or liquidated demand,
meaning that the amount of the claim is a fixed, certain sum of money. This type of summons
includes a concise statement of the nature of the claim and the relief sought but does not go into
detail regarding the cause of action. It allows the defendant to either admit or deny liability by
delivering a notice of intention to defend. In this case, Olive Woods’ claim is based on the unpaid
invoice for the furniture material, which is a specific, fixed amount of money.
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