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TLI4801 Portfolio Exam due 30 May 2023. The are my own accurate Answers (Footnotes and Bibliography included) Questions are removed to ensure no copyright infringement!$2.93
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TLI4801 - Techniques In Trial And Litigation (TLI4801)
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TLI4801 Portfolio Exam due 30 May 2023. The are my own accurate Answers (Footnotes and Bibliography included) Questions are removed to ensure no copyright infringement!
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TLI4801 - Techniques In Trial And Litigation (TLI4801)
Institution
University Of South Africa (Unisa)
TLI4801 Portfolio Exam due 30 May 2023. The are my own accurate Answers (Footnotes and Bibliography included) Questions are removed to ensure no copyright infringement!
TLI4801 - Techniques In Trial And Litigation (TLI4801)
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These are my own accurate Answers
TLI4801| EXAM | 635026 | 30 May 2023
,QUESTION 1 A
The type of court proceedings that WoodPeckers (Pty) Ltd can use to institute its
claim against Ms. Zim for the outstanding amount of R 500,000 would typically
involve the use of a combined summons.
A combined summons is a widely used form of summons that can be used for
various types of claims, including illiquid claims such as claims for damages or other
types of relief. It consists of two parts:
1. The Summons: This is a formal notice from the plaintiff (WoodPeckers (Pty)
Ltd) to the defendant (Ms. Zim) that legal action has been initiated against
them. The summons provides details about the court where the action is
instituted, the parties involved, the nature of the claim, and any other relevant
formalities required by the court. The combined summons is issued by the
clerk or registrar of the court and is then served on the defendant by the
sheriff of the court.
2. Particulars of Claim: This is a document that sets out the material facts on
which the plaintiff relies for their cause of action. It contains a concise and
logical description of the facts relevant to the claim, supporting the plaintiff's
case. The particulars of claim are typically attached as a separate annexure to
the summons.
By using a combined summons, WoodPeckers (Pty) Ltd will be able to provide
formal notice to Ms. Zim of the legal action being taken against her and outline the
specific details of their claim in a clear and structured manner. This initiates the court
proceedings and sets the stage for further legal proceedings to resolve the dispute.
QUESTION 1 B
Summary judgment may not be used in the above instance. Summary judgment is a
legal procedure that allows a party to obtain a judgment without a full trial when there
is no genuine dispute of material facts and the claim or defense has no merit. It is
typically used when one party believes that there is no valid defense to the claim and
wants to expedite the process.
, In this case, the facts provided state that Ms. Sue Zim has not paid the outstanding
amount despite requests from WoodPeckers (Pty) Ltd. While this indicates that Ms.
Zim is in default, it does not necessarily mean that there is no defense or genuine
dispute of material facts. It is possible that Ms. Zim may have legitimate reasons or
defenses for not paying, which would need to be considered and resolved through
the normal court process. As such, summary judgment may not be appropriate in
this instance, and the matter should proceed through the regular court proceedings.
Summary judgment applications are governed by rules 32 and 58, which outline the
requirements for the form and content of the notice and affidavits. According to rule
32(1), a summary judgment application can be used in specific instances, including
cases involving a liquid document (where the defendant admits or acknowledges
indebtedness to the plaintiff), a liquidated claim, specified movable property, or
ejectment.1
In the given scenario, where WoodPeckers (Pty) Ltd is seeking payment of an
outstanding amount for goods sold and delivered, the claim can be considered a
liquidated claim since the amount is ascertainable. In such cases, a simple summons
would be appropriate to initiate the proceedings. However, it is important to note that
a summary judgment application may still be applicable even when using a simple
summons, as it provides an expedited process for obtaining a judgment when the
claim has no merit or there is no genuine dispute of material facts.
Therefore, if WoodPeckers (Pty) Ltd believes that there is no valid defense to the
claim and wants to expedite the process, they may consider filing a summary
judgment application alongside the simple summons. This would allow them to seek
a judgment without going through a full trial if the court finds that there is no genuine
dispute and the claim is meritorious. However, it is advisable for WoodPeckers (Pty)
Ltd to consult with a legal professional to determine the most appropriate course of
action based on the specific circumstances and applicable laws.
QUESTION 1 C
1 Uniform Rules of the Court.
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