Exam (elaborations)
TLI4801 EXAM PACK 2025 {DETAILED QUESTIONS AND ANSWERS }
- Course
- TLI4801
- Institution
- University Of South Africa
TLI4801 EXAM PACK 2025 {DETAILED QUESTIONS AND ANSWERS }
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,THE QUESTION PAPER:QUESTION 1: CIVIL PRACTICE [50]
1.1 Ms. Sue Zim, a businesswoman, has purchased
goods on credit to the value of R 500,000 from
WoodPeckers (Pty) Ltd. The goods are delivered
by WoodPeckers (Pty) Ltd to Ms. Zim, and a
copy of the invoice is handed to Ms Zim.
Despite requests by WoodPeckers (Pty) Ltd, Ms
Zim does not pay or settle the amount.
WoodPeckers (Pty) Ltd wants to sue Ms. Zim
for the outstanding amount. The company’s
director approaches you for legal advice or
assistance regarding the proceedings to be
instituted against Ms. Zim.
Answer all the following questions, using proper
references. Note: In your answers, you are
required to make up facts to supplement the
given facts of the case in so far as your own
rendition does not detract from the core issues.
(a)Discuss the type of court proceedings that
will be used to institute WoodPeckers
(Pty) Ltd’s claim. (4)
, (b) Discuss whether summary judgment may be
used in the above instance.
(4)
(c) Assuming that there is no application for
summary judgment, name and discuss the
pleading that must be drafted by the plaintiff
in response to the defendant’s intention to
defend the matter. (4)
(d) Draft the pleading referred to in (c) above. It
must include inter alia, a heading, the
description of the parties, their locus standi
(if applicable), the court’s
jurisdiction, material facts and the prayer. (20)
WoodPeckers (Pty) Ltd requests your advice
(e)
about a suitable ADR (alternative dispute
resolution) mechanism that may be used to
resolve the dispute with Ms. Zim
expeditiously. Discuss briefly whether
arbitration or negotiation is the most suitable
ADR mechanism having regard to the given
facts and advise
WoodPeckers (Pty) Ltd accordingly. (6)
(38)
, 1.2 Discuss the advantages of lawyers using
digital resources instead of traditional
methods to undertake legal research.
(6)
Critically discuss the role of the Legal
1.3
Practice Council in regulating the
professional
conduct of its members in practice.
(6)
[50] QUESTION 2: CRIMINAL
PRACTICE [50]
You are a successful lawyer specializing in criminal
litigation. While enjoying your morning coffee in
your office you read an article in the newspaper
about the local library that was destroyed in a fire
the previous night. No lives were lost in the fire, but
the beautiful historical building and irreplaceable
documents were destroyed. The State has therefore
suffered extensive pecuniary loss as a result of the
fire. The incident occurred on 29 May 2023 near
Durbanville Hills, Durbanville in the Regional
Division of the Western Cape.
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