Exam (elaborations)
TLI4801 PORTFOLIO (ANSWERS) Semester 2 2024 | 22 October 2024
- Institution
- University Of South Africa (Unisa)
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TLI4801EXAM PORTFOLIO
DUE 22 OCTOBER 2024
2024
, TLI4801 EXAM OCTOBER 2024
Question 1.1
Ms. Bright Lesedi is a businesswoman from Bela-Bela. She runs a business that
manufactures furniture. On 20 April 2024 she purchased raw material from Olive Woods
Furniture (“Olive Woods”), a furniture material factory in Pretoria, for an amount of
R180 000,00. The material was delivered by Olive Woods and a copy of the invoice was
handed to Ms. Lesedi, who then neglected to pay for the material within the 30-day period
provided for in terms of the invoice. Despite repeated requests by Olive Woods, Ms. Lesedi
did not settle the amount. Olive Woods wants to sue Ms. Lesedi for the outstanding amount.
The owner of Olive Woods approaches you for legal advice regarding the proceedings to be
instituted against Ms. Lesedi.
a) Discuss the type of summons that Olive Woods will use to recover the outstanding
amount
In this scenario, Olive Woods would use a Simple Summons to recover the outstanding
amount from Ms. Bright Lesedi. According to Rule 17(1) of the Uniform Rules of Court, a
simple summons is appropriate when the plaintiff’s claim is for a debt or liquidated
demand, which is precisely the case here as the claim arises from an unpaid invoice for the
supply of furniture material valued at R180,000.
A liquidated demand refers to a claim where the amount owed is clearly determined or
ascertainable, such as the amount stipulated on an invoice. The purpose of a simple
summons is to notify the defendant (Ms. Lesedi) of the plaintiff’s (Olive Woods) intention to
obtain relief (payment of the debt) and to provide her with the opportunity to defend herself if
she disputes the claim. In this instance, the invoice handed to Ms. Lesedi serves as proof of
the amount owed and constitutes a liquidated claim.
Thus, a Simple Summons is the appropriate legal mechanism for Olive Woods to recover
the outstanding amount in this situation【Marnewick CG Litigation Skills for South African
Lawyers 4th edition (2019) chapter 25】.
1 Civil Procedure: Only study guide for CIV 3701 (Unisa Press Pretoria) 216.
2 Marnewick CG Litigation Skills for South African Lawyers 4th edition (2019) chapters 5- 6
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