100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
TLI4801 PORTFOLIO (COMPLETE ANSWERS) Semester 1 2024 (790414) - DUE 28 MAY 2024 R80,00   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa (Unisa)
  4.  
  5. TLI4801 (TLI4801)

Exam (elaborations)

TLI4801 PORTFOLIO (COMPLETE ANSWERS) Semester 1 2024 (790414) - DUE 28 MAY 2024
 23 views  1 purchase

TLI4801 PORTFOLIO (COMPLETE ANSWERS) Semester 1 2024 (790414) - DUE 28 MAY 2024

Preview 1 out of 11  pages

Document information

  • May 26, 2024
  • 11
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

Subjects

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

More summaries for

All for this textbook (95)

Written for

All documents for this subject (100)

Seller

avatar-seller
LETSCRACKTHEQUESTION

Reviews received

Content preview

TLI4801 PORTFOLIO 2024

DUE DATE 28-MAY-2024

100% GUARANTEED ANSWERS



QUESTIONQUESTIONQUESTIONQUESTIONQUESTIONQUESTIONQUESTIONQUE
STION 1: CIVIL PRACTICE



1.1(a) Discuss the type of court proceedings that must be used to institute EBA’s claim.
(4)

EBA should institute a civil action in the High Court since the amount in question
exceeds the jurisdictional limit of the Magistrate's Court. The process begins with the
issuance of a combined summons, which includes the particulars of the claim, against
DSA Equipment (Pty) Ltd. The High Court has jurisdiction over matters involving
amounts greater than R400,000.



1.1(b) Assuming that DSA opposes EBA’s claim, discuss whether summary judgment
may be used in the above instance. (4)

Summary judgment can be sought by EBA if DSA opposes the claim without providing a
legitimate defense. According to Rule 32 of the Uniform Rules of Court, summary
judgment is a remedy available to a plaintiff when the defendant has entered an
appearance to defend but does not have a bona fide defense to the claim. The plaintiff
must file an affidavit setting out the facts verifying the cause of action and stating that
the defendant has no bona fide defense and is merely delaying the claim.


1.1(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)

EBA must draft a "Replication" in response to DSA’s plea. A replication is a pleading by
the plaintiff in response to the defendant's plea, addressing any new facts or defenses
raised. The replication must be clear, concise, and address only the issues raised in the
plea without introducing new causes of action.



1.1(d) Draft the pleading referred to in (c) above. (20)

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

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

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

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 LETSCRACKTHEQUESTION. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy this summary for R80,00. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

83637 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy summaries for 14 years now

Start selling

Recently viewed by you

Other ·

(0)

Transcripten, coderingen en informed consent

R80,00  1x  sold
  • (0)
  Buy now