Exam (elaborations)
TLI4801 Assignment 1 Semester 2 2023 (827464) - DUE 10 August 2023
- Institution
- University Of South Africa
latest questions and elaborate answers
[Show more]
Content preview
TML4801 Assignment 1Semester 2 2023
QUESTIONS AND
ELABORATE ANSWERS
For inquiries and assignment help
Email: smartwritingcompany@gmail.com
WhatsApp: +254704997747
, 1. Mr. Joe White, who is a male high school teacher, is married to Cecile White, a nurse, for nine years.
The couple reside in Robindale, Johannesburg. They have two minor children, Kevin and Nancy. The
Whites’ decide to divorce after nine years, citing irreconcilable differences. Mrs. White approaches you
for assistance regarding the divorce proceedings. Answer the following questions. Note: In your
answers, you may make up facts to supplement the given facts provided that your own rendition does
not detract from the core issues.
(a) Discuss the type of summons that will be used to institute Mrs White’s divorce action. (4)
(b) Name and discuss the pleading that will be annexed to the summons. (4)
(c) Draft the prayer only. (4) [12] Refer to chapter 6 of the prescribed textbook. Please note: The
prescribed textbook for this module is Marnewick CG “Litigation Skills for South African Lawyers” 4th
edition (2019 LexisNexis).
(a) The type of summons that will be used to institute Mrs. White's divorce action is a
"Combined Summons." A Combined Summons is utilized in South Africa to bring a
claim that involves both a claim for divorce and other related relief, such as custody of
minor children, maintenance, and division of assets.
(b) The pleading that will be annexed to the summons is the "Particulars of Claim." The
Particulars of Claim is a document that outlines the specific details of the case and the
grounds on which the plaintiff (Mrs. White) is seeking a divorce. It will typically include
the following information:
1. Personal details: This section will provide the personal information of both Mr. Joe White
and Mrs. Cecile White, including their full names, addresses, and occupations.
2. Date and place of marriage: The date and place of the couple's marriage will be stated
to establish that they are legally married.
3. Grounds for divorce: Mrs. White will need to state the grounds on which she is seeking a
divorce. In this case, the grounds mentioned are "irreconcilable differences," but
additional details and incidents may be included to support the claim if required.
4. Details of minor children: Information about their minor children, Kevin and Nancy, will
be included, specifying their ages and any specific requests regarding custody or
maintenance.
5. Request for relief: Mrs. White will outline the relief she is seeking from the court, such as
custody of the minor children, maintenance, and a fair division of assets.
(c) Draft of the prayer: In the Combined Summons, the prayer is the section where Mrs.
White makes specific requests to the court. The prayer may be drafted as follows:
"Wherefore, Plaintiff prays for the following relief:
For inquiries and assignment help
Email: smartwritingcompany@gmail.com
WhatsApp: +254704997747
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 JuanValentineVazquezAnguilar. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R48,57. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
50843 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now