Exam (elaborations)
TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024
- Institution
- University Of South Africa
TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024
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TLI4801OCTOBER NOVEMBER PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 - DUE 22 October
2024
TLI4801
OCTOBER
NOVEMB
,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 PAPER CONSISTS OF TWO QUESTIONS,
NAMELY QUESTION 1 ON CIVIL PRACTICE, and QUESTION 2 ON CRIMINAL
PRACTICE. BOTH QUESTIONS ARE COMPULSORY.
PREVIEW
Q1
A simple summons is appropriate for this situation. The plaintiff (in this case, Olive
Woods) asserts a Debt or liquidated sum in money that is known and ascertainable
(such as Unpaid R180,000). This is the most simple sort of summoning for recovery.
Debts under the South African civil procedure are expressly governed under Rule 17 of
The Uniform Rules of Court. A simple summons is applicable when the plaintiff seeks to
recover a fixed A determinable amount of money, like in this example. Olive Woods
have a clear contractual right to collect the remaining money from Ms. Lesedi for the
furniture Materials are supplied.
, QUESTION 1: CIVIL PRACTICE
Questions 1.1.
a.
The appropriate summons for this case would be a simple summons.
A simple summons is used when the plaintiff (in this case, Olive Woods) claims a
debt or liquidated amount in money that is certain and ascertainable (such as the
unpaid R180,000). This is the most straightforward type of summons for recovering
debts under the South African civil procedure, specifically regulated under Rule 17 of
the Uniform Rules of Court.
A simple summons is appropriate when the plaintiff seeks to recover a fixed or easily
determinable sum of money, as is the case here. Olive Woods has a clear
contractual right to claim the outstanding payment from Ms. Lesedi for the furniture
materials supplied.
b.
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
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