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TLI4801
Techniques In trial and litigation
PORTFOLIO MEMO
SEMESTER 1 – 2024 - UNISA
UNIQUE NUMBER: - 790512
DUE DATE: - 23 - 28 MAY 2024 @ 23: 00
Includes detailed Footnotes and/or Bibliography.
PORTFOLIO PREVIEW
QUESTION 1
1.1 Darren Smith is the director and shareholder of DSA Equipment (Pty) Ltd (“DSA”) and
the company manufactures medica electronic equipment. Mr. Smith approached EBA
(Pty) Ltd (“EBA”), the local supplier of the components needed for the manufacturing of
the electronic equipment by DSA, and the parties entered into a written agreement for the
supply and delivery of the components on 30-day credit terms. The goods are delivered
by EBA to DSA’s premises and a copy of the invoice to the value of R1,5 million is handed
to Mr. Smith who was present to receive them.
Questions continues…….
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, THE QUESTION PAPER: QUESTION 1: CIVIL PRACTICE [50]
1.1 Darren Smith is the director and shareholder of DSA Equipment (Pty) Ltd
(“DSA”) and the company manufactures medica electronic equipment. Mr. Smith
approached EBA (Pty) Ltd (“EBA”), the local supplier of the components needed
for the manufacturing of the electronic equipment by DSA, and the parties entered
into a written agreement for the supply and delivery of the components on 30-day
credit terms. The goods are delivered by EBA to DSA’s premises and a copy of the
invoice to the value of R1,5 million is handed to Mr. Smith who was present to
receive them.
Despite numerous calls followed by a formal letter of demand addressed to DSA
for payment of the outstanding amount following the expiry of the 30-day period,
EBA does not receive any formal response from DSA and/or Mr. Smith. EBA (Pty)
Ltd now wants to institute legal proceedings to recover the outstanding amount.
EBA’s director approaches you for legal advice or assistance regarding the
proceedings that can be instituted for the recovery of the outstanding amount from
DSA. Answer all 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 the type of court proceedings that must be used to institute EBA’s
claim. (4)
A simple summons will be issued. According to Rule 2(b), a simple summons may only be used
for those cases in which the offended party’s case is for a liquidated demand or debt, as such,
where the case is for a fixed, specific, or determined sum or property. A claim for a predestined
amount of money owed for example a claim at the purchase price of products sold and will qualify
