Summary
Summary Civil Procedure Drafting: Particulars of Claim
- Course
- Civil Procedure 371
- Institution
- Stellenbosch University (SUN)
In depth notes on how to draft a Particulars of Claim for Civil Procedure 371.
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By: cronjeelri • 3 year ago
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ANNEXURE APARTICULARS OF CLAIM
1. The Plaintiff is Ms. Bruhella Buhrmeister, an adult female pensioner resident at
4 Long Street, Strand.
2. The Defendant is Benbou (sole proprietor Ben Builder), a firm conducting
business as building contractors at 7 Short Street, Pretoria.
3. The entire cause of action arose within the jurisdiction of the above Honourable
Court, since the contract was signed, performed and breached within the
jurisdiction of the Strand Magistrate’s Court.
4. During or about 1 January 2018 and at Strand, the plaintiff, in person, and
Defendant, represented by Mr. Ben Builder, concluded a written contract, a true
copy of which is attached hereto marked “Annexure A”.
5. The relevant and essential terms of this contract was, inter alia
5.1 Defendant would construct a house of 280 square metre for Plaintiff in Strand.
5.2 Defendant would provide all material and labour, in terms of agreed and accepted
industry standards to complete this work for Plaintiff.
5.3 Plaintiff would pay an amount of R8 400 000 to the Defendant at final completion
of the house.
6. The Defendant finalised work on the house and delivered it to the Plaintiff on 10
August 2018.
7. In terms of the contract the Plaintiff paid the agreed amount of R8 400 000 for
the work and material to Defendant on 10 August 2018.
8. The labour and material however failed to measure up to the standards as
agreed in the contract, in that it contained the following material defects:
8.1 The steps have serious cracks;
8.2 The wood used in construction is “plywood” and not oak wood as agreed.
9. As a result of the above breach of contract by Defendant, Plaintiff has suffered
loss in that an additional R205 000 will have to be paid to correct these defects
in order to meet with the standards as specified in the contract.
10. As a result of the above Defendant is legally liable to pay an amount of R205
000 to Plaintiff as contractual damage.
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