TECHNIQUES IN TRIAL
AND LITIGATION,
TLI4801 exam portfolio
october
QUESTION 1
1.
(a) Generally, legal claims follow a process of written statements of claims in which
an aggrieved party outline his/her claim. The statement must clearly state the
claimant and that which he/she claim and agai...
TECHNIQUES IN TRIAL
AND LITIGATION,
TLI4801 exam portfolio
october
, QUESTION 1
1.
(a) Generally, legal claims follow a process of written statements of claims in which
an aggrieved party outline his/her claim. The statement must clearly state the
claimant and that which he/she claim and against who and the reason for such a
claim.
Our legal system provides us with the following three types of summons:
• Combined summons which is employed for unliquidated claim where a
quantum must be determined. It is instituted by way of particulars of claim
which states the plaintiff’s claim including the facts upon which the claimant
base his/her claim in order to enable the process of leading oral evidence.
• Simple summons on the other hand is employed in situations where the
aggrieved party (the plaintiff) seeks a relief or wants to institute an action
pertaining debt or liquidated claim. Liquid claims include cheques or
acknowledgement of debt which contain necessary details or evidence in
relation to the acknowledgement of debt or monetary claim and it must
provide for a complete cause of action.
In terms of given facts Mr Tom Dobbs has purchased goods on credit to the value of
350 000. This transaction fit the description of a liquidated claim in the sense that it is
of monetary value and as such a need arises for the determination of a quantum.
The plaintiff Blackblue (Pty) Ltd will be justified in instituting the simple summons
action in order to recover the money owed by Mr Tom Dobbs.
It is against this background that a simple summons is a suitable action option for
Blackblue (Pty) Ltd to institute.
(b) Summary Judgment by its nature seeks to protect the plaintiff against the
defendant pertaining a particular claim in instances where such a defendant has no
valid defence or his/her intentions are nothing but to prejudice the plaintiff by way of
employing delaying tactics whilst fully aware of the fact that no bona fide defence is
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