Exam (elaborations)
TLI4801 PORTFOLIO (ANSWERS) Semester 2 2024 | 22 October 2024
- Course
- Institution
Full Answers for TLI4801 PORTFOLIO (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED
[Show more]
4 reviews
By: mujovosuzan • 2 weeks ago
By: keaolebogapime • 2 weeks ago
By: miketervis • 2 weeks ago
By: foonoopmakemaker • 2 weeks ago
Seller
Follow
Midoris
Reviews received
Content preview
TLI4801EXAM PORTFOLIO
DUE 22 OCTOBER 2024
2024
, TLI4801 EXAM OCTOBER 2024
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.
a) Discuss the type of summons that Olive Woods will use to recover the outstanding
amount
In this scenario, Olive Woods would use a Simple Summons to recover the outstanding
amount from Ms. Bright Lesedi. According to Rule 17(1) of the Uniform Rules of Court, a
simple summons is appropriate when the plaintiff’s claim is for a debt or liquidated
demand, which is precisely the case here as the claim arises from an unpaid invoice for the
supply of furniture material valued at R180,000.
A liquidated demand refers to a claim where the amount owed is clearly determined or
ascertainable, such as the amount stipulated on an invoice. The purpose of a simple
summons is to notify the defendant (Ms. Lesedi) of the plaintiff’s (Olive Woods) intention to
obtain relief (payment of the debt) and to provide her with the opportunity to defend herself if
she disputes the claim. In this instance, the invoice handed to Ms. Lesedi serves as proof of
the amount owed and constitutes a liquidated claim.
Thus, a Simple Summons is the appropriate legal mechanism for Olive Woods to recover
the outstanding amount in this situation【Marnewick CG Litigation Skills for South African
Lawyers 4th edition (2019) chapter 25】.
1 Civil Procedure: Only study guide for CIV 3701 (Unisa Press Pretoria) 216.
2 Marnewick CG Litigation Skills for South African Lawyers 4th edition (2019) chapters 5- 6
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Midoris. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $2.93. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
83637 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now