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
CIV3701 Assignment 1 Semester 2 2024 | Due 25 August 2024 CA$4.07   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa (Unisa)
  4.  
  5. Civil Procedure (CIV3701)

Exam (elaborations)

CIV3701 Assignment 1 Semester 2 2024 | Due 25 August 2024
 89 views  3 purchases
  • Course
  • Civil Procedure (CIV3701)
  • Institution
  • University Of South Africa (Unisa)
  • Book
  • Civil Procedure

CIV3701 Assignment 1 Semester 2 2024 | Due 25 August 2024 - All Questions Answered. 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 ...

[Show more]

Preview 2 out of 5  pages

Document information

  • July 18, 2024
  • 5
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

Subjects

  • civ3701

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

More summaries for

  • CIV3701 Assignment 2 (QUALITY ANSWERS) Semester 2 2024
  • CIV3701 Assignment 2 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED
  • CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 September 2024
All for this textbook (29)

Written for

  • University of South Africa (Unisa)
  • Civil Procedure (CIV3701)
All documents for this subject (42)

Seller

avatar-seller
Aimark94

Reviews received

Content preview

, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT


Please note that the author of this document will not responsibility for any plagiarizing you
commit.

 Question 1

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.

Using an ordinary application to institute proceedings against Z is inappropriate because ordinary
applications are suitable for cases where there is no dispute of fact, and the matter can be resolved
based on the affidavits presented. In this case, the claim involves a breach of contract, which likely
involves factual disputes requiring oral evidence and cross-examination. Such matters are more
appropriately handled through action proceedings rather than motion proceedings.

B) Explain why X can institute proceedings against Z in the Cape Town High Court.

X can institute proceedings against Z in the Cape Town High Court because the breach of contract
occurred in Cape Town. This establishes jurisdiction based on the principle of ratione rei gestae,
which allows a court to hear a case if the cause of action arose within its jurisdiction. Additionally, X
is an incola (resident) of Cape Town, which further supports the jurisdiction.

[OR]

The Cape Town High Court can assume jurisdiction over the matter because X, the plaintiff, is an
incola (resident) of Cape Town. According to the common law principle actor sequitur forum rei, the
defendant should be sued in the jurisdiction where they reside or are domiciled. However, South
African law also permits the plaintiff to institute proceedings in the jurisdiction where the cause of
action arose. Since the breach of contract occurred in Cape Town, the Cape Town High Court has
jurisdiction over the matter.


C) Would your answer to (b) above differ if Z was a foreign peregrinus of the Republic?

Yes, the answer would differ if Z was a foreign peregrinus. In cases where the defendant is a foreign
peregrinus, different jurisdictional principles apply. Specifically, an attachment to found or confirm
jurisdiction is usually required to ensure that the court's judgment will be effective. This means that
before proceeding, X would need to attach Z's property within the jurisdiction of the court.

[OR]

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 Aimark94. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for CA$4.07. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

83662 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$4.07  3x  sold
  • (0)
  Add to cart