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TLI4801 OCTOBER NOVEMBER PORTFOLIO Semester 2 2024 - DUE 22 October 2024 R50,00
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TLI4801 OCTOBER NOVEMBER PORTFOLIO Semester 2 2024 - DUE 22 October 2024
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TLI4801 OCTOBER NOVEMBER PORTFOLIO Semester 2 2024 - DUE 22 October 2024 QUESTIONS WITH DETAILED ANSWERS

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  • October 19, 2024
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,TLI4801 OCTOBER NOVEMBER PORTFOLIO Semester 2 2024 - DUE 22 October

2024




QUESTION 1: CIVIL PRACTICE [50]

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. (1)

THE ANSWERS IN THIS QUESTION PAPER ARE TO BE OBTAINED FROM YOUR

PRESCRIBED STUDY MATERIAL, namely, the prescribed textbook, CG Marnewick

Litigation Skills for South African Lawyers, 4th edition, (2019 LexisNexis), additional

resources material and tutorial letter 201. You may consult other sources provided that

they are properly referenced. (3) YOU ARE REQUIRED TO EXHIBIT YOUR OWN

INITIATIVE WHEN ANSWERING QUESTIONS, IN ORDER TO SHOW THAT YOU

UNDERSTAND THE CONTENT. IN OTHER WORDS, YOU MUST, AS FAR AS

POSSIBLE, USE YOUR OWN WORDS WHEN WRITING YOUR ANSWERS. THE

WORD-FOR-WORD REGURGITATION OF ANSWERS FROM THE STUDY MATERIAL

, WILL NOT BE REWARDED WITH FULL MARKS. (4) THE ANSWERS MUST BE

WRITTEN OR TYPED. YOUR COMPLETED ANSWERS MUST THEN BE

CONVERTED INTO PDF FORMAT AND SUBMITTED ONLINE IN THE SAME

MANNER THAT YOU SUBMIT ALL OTHER ASSIGNMENTS ONLINE.

TLI4801/202/2/2024 6 Answer the following questions, using proper references. Note: In

your answers, you are required to make up facts/create facts to supplement the given

facts of the case as long as your own rendition does not detract from the core issues.

a) Discuss the type of summons that Olive Woods will use to recover the outstanding

amount (4)

(b) Draft the summons chosen in (a) above. (10)

(c) The owner of Olive Woods requests your advice regarding a suitable ADR

(alternative dispute resolution) mechanism to resolve the dispute with Ms. Lesedi

expeditiously. Advise the owner of Olive Woods appropriately. (10)

To answer this question, we'll address each part in detail.

(a) Type of Summons Olive Woods Will Use to Recover the Outstanding Amount

In this case, Olive Woods wants to sue Ms. Lesedi for the outstanding amount of

R180,000. Since the claim involves a monetary debt that is clearly defined, the

appropriate summons would be a simple summons. A simple summons is used when

the plaintiff’s claim is for a liquidated amount, meaning the claim is for a fixed and

determinable amount of money, such as in this case.

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