CIV3701 Assignment 1 (COMPLETE QUESTIONS & ANSWERS) Semester 2 _ DUE 25 August 2024
30 views 0 purchase
Course
Civil Procedure
Institution
University Of South Africa
Book
Civil Procedure
CIV3701 Assignment 1 (COMPLETE QUESTIONS & ANSWERS) Semester 2 _ DUE 25 August 2024:
Detailed Explanation, No plagiarism, 100% Trusting work, special References
For assistance Whats-app-9-2-3-3-0-1-5-6-2-1-6-8:
QUESTION 1 X has a claim against Z in the amount of R600 000 based on breach of con...
CIV3701 PACK FOR 2024 Exam pack latest complete solutions
CIV3701 PACK FOR 2024 Exam pack latest complete solutions
CIV3701 PACK FOR 2024 Exam pack latest complete solutions.
All for this textbook (47)
Written for
University of South Africa
Civil Procedure
All documents for this subject (36)
Seller
Follow
wahabali
Reviews received
Content preview
, CIV3701 Assignment 1
Semester 2
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 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. (2)
Inappropriateness of an Ordinary Application for X to Institute Proceedings Against Z
1. Nature of the Dispute:
○ An ordinary application is typically used for cases where there are no significant
factual disputes, and the matter can be resolved on the basis of affidavits and
legal arguments alone. It is appropriate for cases seeking declaratory relief or
other straightforward matters.
○ In this scenario, X’s claim against Z for breach of contract may involve substantial
factual disputes that require oral evidence and cross-examination of witnesses.
Such disputes are not suitable for resolution through motion proceedings
(ordinary application) but rather through action proceedings.
2. Need for Oral Evidence:
○ The breach of contract claim of R600,000 likely involves complex factual issues
that need to be thoroughly examined through the presentation of oral evidence.
This includes the examination and cross-examination of witnesses, which cannot
be adequately handled in an ordinary application.
○ According to the rules of civil procedure, when factual disputes are anticipated,
the matter should proceed via action proceedings where the case is presented
through pleadings, followed by a trial.
Relevant Legal References
● Rule 6 of the Uniform Rules of Court: This rule outlines the procedures for bringing
applications in South African courts. It specifies that applications are suitable for matters
that do not involve substantial disputes of fact.
The benefits of buying summaries with Stuvia:
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
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
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 wahabali. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.55. You're not tied to anything after your purchase.
