CIV3701 Assignment 1 (COMPLETE QUESTIONS & ANSWERS) Semester 2 _ DUE 25 August 2024:
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QUESTION 1 X has a claim against Z in the amount of R600 000 based on breach of con...
, CIV3701 Assignment 1
Semester 2
QUESTION 1 X has a claim against Z in the amount of R600 000 based on breach of
contract which occurred in Cape Town. X is an incola of Cape Town and Z is an incola of
Pretoria. With these facts in mind, answer the following questions. Give full reasons for
your answers.
(a) Explain why it will be inappropriate for X to use an ordinary application to institute
proceedings against Z. (2)
Inappropriateness of an Ordinary Application for X to Institute Proceedings Against Z
1. Nature of the Dispute:
○ An ordinary application is typically used for cases where there are no significant
factual disputes, and the matter can be resolved on the basis of affidavits and
legal arguments alone. It is appropriate for cases seeking declaratory relief or
other straightforward matters.
○ In this scenario, X’s claim against Z for breach of contract may involve substantial
factual disputes that require oral evidence and cross-examination of witnesses.
Such disputes are not suitable for resolution through motion proceedings
(ordinary application) but rather through action proceedings.
2. Need for Oral Evidence:
○ The breach of contract claim of R600,000 likely involves complex factual issues
that need to be thoroughly examined through the presentation of oral evidence.
This includes the examination and cross-examination of witnesses, which cannot
be adequately handled in an ordinary application.
○ According to the rules of civil procedure, when factual disputes are anticipated,
the matter should proceed via action proceedings where the case is presented
through pleadings, followed by a trial.
Relevant Legal References
● Rule 6 of the Uniform Rules of Court: This rule outlines the procedures for bringing
applications in South African courts. It specifies that applications are suitable for matters
that do not involve substantial disputes of fact.
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