TLI4801 MAY JUNE
PORTFOLIO
(COMPLETE
ANSWERS) Semester 1
2024 (790512) - DUE 28
May 2024 ; 100%
TRUSTED workings,
explanations and
solutions.
ADMIN
[COMPANY NAME]
,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) (b) Assuming that DSA opposes EBA’s claim,
discuss whether summary judgment may be used in the above instance.
(4) (c) Assuming that there is no application for summary judgment,
name and discuss the pleading that must be drafted by EBA in response
to DSA’s intention to defend the matter. (4) (d) Draft the pleading
referred to in (c) above. It must include, inter alia, a heading, the
description of the parties, their locus standi (if applicable), the court’s
jurisdiction, material facts and the prayer. (20) (e) The written
agreement between EBA and DSA also provides for an alternative
dispute resolution mechanism that may be used to resolve disputes
between the parties. EBA now requests your advice about a suitable
, ADR (alternative dispute resolution) mechanism that may be used to
resolve the dispute with DSA expeditiously as opposed to instituting
court proceedings. Discuss briefly whether arbitration or negotiation is
the most suitable ADR mechanism having regard to the given facts and
advise EBA accordingly. (6) (38) 1.2 Discuss the advantages of lawyers
using digital resources instead of traditional methods to undertake legal
research. (6) 1.3 Critically discuss the role of the Legal Practice Council
in regulating the professional conduct of its members in practice. (6)
[50] TLI4801/202/1/2024 7 Q
Question 1: Civil Practice
1.1 (a) Discuss the type of court proceedings that must be used to
institute EBA’s claim.
To recover the outstanding amount of R1.5 million from DSA, EBA
should institute a civil action by issuing a summons. Given the amount
involved, the appropriate court for this matter would be the High Court,
as the Magistrate’s Court jurisdictional limit in South Africa is generally
up to R400,000 for civil matters. The process will involve the following
steps:
1. Drafting a Summons: This document will outline EBA’s claim against
DSA, including the basis for the claim and the amount owed.
2. Issuing the Summons: The summons will be issued by the Registrar of
the High Court.
3. Serving the Summons: The summons must be served on DSA
according to the rules of court, typically by the sheriff of the court.
1.1 (b) Assuming that DSA opposes EBA’s claim, discuss whether
summary judgment may be used in the above instance.
