Other
TLI4801 Assignment 1
- Institution
- University Of South Africa (Unisa)
Answers provided bibliography and declaration
[Show more]
Content preview
MEMORANDUM ANSWERS FORTLI4801 ASSIGNMENT 1 2023
💯 Guarantee
MODULE CODE: TLI 4801
UNIQUE NO: 827464
DUE: 10 AUGUST 2023
, 1.
(a) The type of summons is a combined summons because the claim is unliquidated. An
unliquidated claim is a claim in which the quantum must be determined for example,
where the status of parties is affected, such as in a divorce. Therefore, the claim is not
for a claim for a debt or liquidated demand, where one would use a simple summons
(or possibly a provisional sentence summons based on a liquid document). The
combined summons is used often involving serious factual disputes that involve the
leading of oral evidence to resolve the issues.1
(b) The pleading is called a particulars of claim. A combined summons comprises the
summons and the particulars of claim which is combined in one document, and it
forms a unit. An unliquidated claim is made by way of “particulars of claim”, which is a
separate document attached to the summons. The material facts are set out with
sufficient particularity in the particulars of claim, and it contains the evidence to
substantiate the claim for example, a divorce action in this instance. Rule 18((3) and
4) of the Uniform Rules notes that the particulars of claim set out the particulars in
consecutive numbered paragraphs containing as far as possible separate averments. 2
(c) The prayer refers to the relief claimed in an action.
Plaintiff’s Prayer:
Wherefore Plaintiff claims:
(1) A decree of divorce.
1 Marnewick CG Litigation Skills for South African Lawyers 4 th edition (2019 LexisNexis) at Chapter 6.
2 Uniform Rules of Court [F].pdf (saflii.org)
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 EFT, 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 this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller nancylonake. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R50,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72914 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 15 years now