Tutors you can trust. Voted “BEST
A
SELLING” memos for the year
+
2021/2022.
TLI4801
Techniques In Trial and Litigation
PORTFOLIO MEMO
SEMESTER 2 - 2023
UNIQUE NUMBER: - 705316
Due date: - 12-16 October 2023
Includes Footnotes and/or Bibliography
QUESTIONS – SEE PAGE 1
INCLUDES FOOTNOTES & BIBLIOGRAPHY
DETAILED ANSWERS
WORD DOCUMENT AVAILABLE!
DISTINCTION GUARANTEED!!!
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 062 810 8624 Email: llbexampacks@gmail.com
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, QUESTION 1: CIVIL PRACTICE
1. On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a
local bicycle club, “Easy Riders”, is riding on a public road in Lynnwood, Pretoria.
Suddenly he is struck from behind by a speeding taxi with registration number
BN264GP driven by Joe Speedy. The accident occurs on Lynnwood Road, Pretoria.
Mr Barnes is injured as a result of the accident and his bicycle is damaged. Mr
Barnes sustains the following injuries: a broken right leg, a broken pelvis, a deep
cut below his right eye resulting in permanent facial scarring, bruises and
abrasions to the right-hand side of his body. His doctors advise him that he will not
be able to resume cycling as a sport as a result of his injuries. His injuries and
damages amount to R 950 000,00. Mr Barnes wants to institute a claim against Joe
Speedy. He approaches you for legal advice. Answer the following questions,
using proper references. Note: In your answers, you are required to make up facts
to supplement the given facts of the case in so far as your own rendition does not
detract from the core issues.
(a) Discuss whether Mr Barnes will use a provisional sentence summons or a
combined summons to institute his claim or action. (4)
Combined Summons
Combined summons is the most important form of summons and may be used for any
kind of claim. It is mandatory to use a combined summons in the case of an unliquidated
claim such as a claim for damages or an illiquid claim, such as divorce. It consists of two
parts:
1. The summons, which is really just a kind of notice from the plaintiff to the defendant
via the sheriff, telling him that action has been instituted, and giving him various
