100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
TLI4801 MAY JUNE PORTFOLIO (COMPLETE ANSWERS) Semester 1 2024 (790512) - DUE 28 May 2024 CA$3.97   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa (Unisa)
  4.  
  5. Techniques in Trial and Litigation (TLI4801)

Exam (elaborations)

TLI4801 MAY JUNE PORTFOLIO (COMPLETE ANSWERS) Semester 1 2024 (790512) - DUE 28 May 2024

2 reviews
 242 views  27 purchases
  • Course
  • Techniques in Trial and Litigation (TLI4801)
  • Institution
  • University Of South Africa (Unisa)
  • Book
  • Litigation Skills for South African Lawyers

TLI4801 MAY JUNE PORTFOLIO (COMPLETE ANSWERS) Semester 1 2024 (790512) - DUE 28 May 2024 ; 100% TRUSTED workings, explanations and solutions. for assistance Whats-App 0.6.7..1.7.1..1.7.3.9 .................QUESTION 1: CIVIL PRACTICE [50] 1.1 Darren Smith is the director and shareholder of DSA Equi...

[Show more]

Preview 2 out of 20  pages

Document information

  • May 24, 2024
  • 20
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

Subjects

  • tli4801

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

More summaries for

  • TLI4801 OCT/NOV 2024 PORTFOLIO EXAM SEMESTER 2 OF 2024 -
  • TLI4801 PORTFOLIO (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED
  • TLI4801 PORTFOLIO (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED
All for this textbook (95)

Written for

  • University of South Africa (Unisa)
  • Techniques in Trial and Litigation (TLI4801)
All documents for this subject (67)

2  reviews

review-writer-avatar

By: studyysmarter • 5 months ago

review-writer-avatar

By: georgexulu • 5 months ago

Seller

avatar-seller
iStudy

Reviews received

Content preview

TLI4801
PORTFOLIO Semester 1 2024
Detailed Solutions, References & Explanations

Unique number: 790512

Due Date: 28 May 2024
QUESTION 1: CIVIL PRACTICE

1.1.
a.

Since EBA (Pty) Ltd is seeking to recover a fixed and determined sum of R1.5 million from
DSA Equipment (Pty) Ltd, a simple summons should be used to institute the claim. As per
Rule 2(b), a simple summons is appropriate for cases where the claim is for a liquidated
demand or debt, such as a fixed and specific sum of money owed. The agreement between
EBA and DSA for the supply and delivery of components on 30-day credit terms, as well as
the invoice handed to Mr. Smith, clearly establish the fixed amount owed




Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
• Fully accept the consequences should you plagiarise or misuse this document.


Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.

, QUESTION 1: CIVIL PRACTICE

1.1.

a.

Since EBA (Pty) Ltd is seeking to recover a fixed and determined sum of R1.5 million
from DSA Equipment (Pty) Ltd, a simple summons should be used to institute the
claim. As per Rule 2(b), a simple summons is appropriate for cases where the claim
is for a liquidated demand or debt, such as a fixed and specific sum of money owed.
The agreement between EBA and DSA for the supply and delivery of components on
30-day credit terms, as well as the invoice handed to Mr. Smith, clearly establish the
fixed amount owed.

Therefore, EBA should proceed with legal proceedings by using a simple summons to
recover the outstanding amount from DSA. This type of court proceeding is suitable
for cases where the obligation is clearly liquidated, and the sum can be determined by
simple mathematical calculations. The use of a simple summons is in line with the
requirements of the situation and will facilitate the efficient resolution of the claim for
the outstanding amount owed by DSA.



b.

A plaintiff is only permissible to apply for summary judgment if their claim is based on

• liquid document.
• for a liquidated amount of money.
• for delivery of the specified-movable property; or
• for ejectment.



In this scenario, EBA (Pty) Ltd can apply for summary judgment against DSA
Equipment (Pty) Ltd for the outstanding amount of R1.5 million. The claim is based on
a liquidated amount of money, supported by a written agreement and an invoice
confirming the delivery and value of the goods. EBA's summary judgment application
would aim to expedite the resolution, arguing that DSA has no legitimate defense and
is merely delaying payment.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.

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 iStudy. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$3.97. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

73918 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
CA$3.97  27x  sold
  • (2)
  Add to cart