Well-structured CIV3701 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... 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 ...
CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 September 2024
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CIV3701
Assignment 1 Semester 2 2024
Unique Number:
Due Date: 25 August 2024
QUESTION 1
a.
When legislation or the rules of court neither prescribe nor prohibit the use of application
proceedings, the final test to apply is whether there is a material dispute of fact. If there is a
material dispute of fact (or can be reasonably anticipated), the use of application proceedings
is inappropriate and will normally be penalised by way of an adverse costs order. In the present
matter, use of the application procedure is clearly inappropriate.
On the given facts, a defamation case involves a material dispute of fact. Since such a dispute
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