CIV3701
Assignment 2
Semester 2 2024
Due 26 September 2024
Quiz & Answers
, Question 1:
Indicate the most accurate statement:
Option a: Incorrect. In a claim for damages, the plaintiff must prove that the
defendant was negligent or at fault, not necessarily guilty. Guilt is a term typically
associated with criminal law, not civil claims.
Option b: Incorrect. The Uniform Rules of Cou rt regulate proceedings in both the
High Courts and Magistrates Courts, not just the Magistrates Courts.
Option c: Correct. The High Court does have the discretion to condone (excuse) a
litigant’s non-compliance with procedural rules under certain circumstances.
Option d: Incorrect. While the Minister of Justice and the Rules Board may make
rules, the rules of engagement with the Constitutional Court are set by the Court
itself.
Correct Answer: c. Since the rules exist for the courts, a High Court may
condone a litigant's non-compliance with the rules.