TLI4801 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 28 MAY 2024 (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED!)
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Course
Techniques in trial and litigation
Institution
University Of South Africa (Unisa)
Book
Litigation Skills for South African Lawyers
TLI4801 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 28 MAY 2024 (DETAILED ANSWERS WITH REFERENCES - DISTINCTION GUARANTEED!)
THE QUESTION PAPER:
QUESTION 1: CIVIL PRACTICE [50]
1.1 Darren Smith is the director and shareholder of DSA Equipment (Pty) Ltd (“DSA”) and
t...
TLI4801 PORTFOLIO MEMO - SEMESTER 2 - 2024 - OCTOBER/NOVEMBER - UNISA - DUE DATE :- 22 OCTOBER 2024 (FULLY REFERENCED! DISTINCTION GUARANTEED!)
TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024
TLI4801 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 17 - 22 OCTOBER 2024 - UNIQUE NUMBER :- 658473 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)
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Techniques in trial and litigation
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TLI4801 PORTFOLIO
MEMO
MAY/JUNE 2024
SEMESTER 1 – 2024 - UNISA
23 – 28 MAY 2024
THE QUESTION PAPER:
QUESTION 1:
CIVIL PRACTICE
[50]
1.1 Darren Smith is the director and shareholder of DSA Equipment
(Pty) Ltd (“DSA”) and the company manufactures medica electronic
equipment. Mr. Smith approached EBA (Pty) Ltd (“EBA”), the local
supplier of the components needed for the manufacturing of the
electronic equipment by DSA, and the parties entered into a written
agreement for the supply and delivery of the components on 30-day
credit terms. The goods are delivered by EBA to DSA’s premises and
a copy of the invoice to the value of R1,5 million is handed to Mr.
Smith who was present to receive them.
Despite numerous calls followed by a formal letter of demand
addressed to DSA for payment of the outstanding amount following
, the expiry of the 30-day period, EBA does not receive any formal
response from DSA and/or Mr. Smith. EBA (Pty) Ltd now wants to
institute legal proceedings to recover the outstanding amount.
EBA’s director approaches you for legal advice or assistance
regarding the proceedings that can be instituted for the recovery of
the outstanding amount from DSA.
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 must be used to
institute EBA’s claim. (4)
A simple summons will be issued. According to Rule 2(b), a simple summons may only be
used for those cases in which the offended party’s case is for a liquidated demand or debt, as
such, where the case is for a fixed, specific, or determined sum or property.
A claim for a predestined amount of money owed for example a claim at the purchase price of
products sold and will qualify as a case for an obligation or liquidated demand. 1
The courts have additionally demonstrated that the obligation is liquidated where it is granted
or where the fiscal value is fit for being discovered expediently.
To be a liquidated demand, the interest must be set out-so that the sum might be determined
by simple mathematical calculations. diametrically, the joined summons is primarily
appropriated where the offended party's case is de-liquidated, that is, where it is not
1
Stephen P et al Civil Procedure: A Practical Guide (Oxford University Press Southern Africa Cape Town
2013
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